BIRABRATA ACHARJEE Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. R. De, learned counsel for the petitioner and also Mr. B. Gogoi, learned standing counsel for the Health Department of the State.

(2.) By this writ petition filed under Article 226 of the Constitution of India for a direction to the respondents to convert/ adjust the service of the petitioner as Surveillance Worker to the post of Lower Division Assistant (LDA) in the Office of the District Malaria Officer, Karimganj (respondent No.5) where he is performing his duties as LDA w.e.f. 04.11.2013, as per order dated 23.10.2013 passed by the Director of Health Services, Assam (respondent No.2); and for directing the respondents No.2 to 5 to continue to allow the petitioner to perform his duty as LDA in the office of respondent No.5 till his adjustment or regularization in the said post; and for quashing letter date 13.08.2013, 28.04.2014 and 13.06.2014, by which the Govt. had declined for conversion of the post of Surveillance Worker, held by the petitioner to the post of LDA.

(3.) The case projected by the learned counsel for the petitioner that by letter dated 11.04.2008, the Director of Health Services, Assam appointed the petitioner as Surveillance Worker under National Vector Borne Decease Control Programme (NVBDCP for short), Assam and placed under the disposal of the Joint Director of Health Services, Karimganj. In course of time, the petitioner developed serious spinal cord ailment and, as such, the petitioner had submitted his representation before the Joint Director of Health Services (Malaria), Assam (respondent No.3) for considering his posting/ adjustment as an LDA in the office of the respondent No.5, where such post was lying vacant. The Director of Health Services, Assam by a letter under memo dated 07.01.2012, forwarded a proposal for conversion of services from the post of Surveillance Worker to the post of Junior Assistant and a request was also made for approval of transfer of the petitioner from the post of Surveillance Worker to the vacant post of Junior Assistant. Accordingly, the Deputy Secretary to the Govt. of Assam, H & FW (A) Department by a letter dated 03.03.2012, requested the Principal-cum-Chief Superintendent, GMCH for constitution of a Medical Board to examine the petitioner and to submit a report and that it was disclosed that on the basis of the said report, the Govt. shall take a decision on the petition submitted by the petitioner for conversion of his services from Surveillance Worker (field duty) to Junior Assistant on medical ground. Accordingly, as per the medical opinion submitted by letter dated 13.03.2012, the petitioner was provisionally diagnosed as a case of chronic prolapse of intervertebral disc (L4- L5 level with hypeuricemia). However, on the basis of Govt. W.T. Message dated 09.05.2012, enclosed by the respondent No.4, by an order dated 14.05.2012, direction was issued to replace the service of the petitioner at the Office of the Sub-Divisional Medical and Health Officer, Girishganj PHC to perform surveillance related office works at the PHC for a period of 6 (six) months w.e.f. the date of issue of the order.