Pranati Mahanta vs The State Of Assam And 2 Ors
2021 Latest Caselaw 412 Gua

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GAHC010021202021




                              THE GAUHATI HIGH COURT
   (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                                  Case No. : WP(C)/767/2021

            PRANATI MAHANTA
            W/O- SRI PITAMBAR KALITA, R/O- DURGASOROVAR, KAMAKHYA, P.O.
            BHARALUMUKH, P.S. BHARALUMUKH, DIST.- KAMRUP (M), ASSAM, PIN-
            781009



            VERSUS

            THE STATE OF ASSAM AND 2 ORS
            REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, HEALTH AND
            FAMILY WELFARE DEPTT., DISPUR, GHY, ASSAM, PIN- 781006

            2:THE DIRECTOR OF HEALTH SERVICE
             PUBLIC HEALTH
             HENGRABARI
             GHY
             PIN- 781006

            3:THE MISSION DIRECTOR
             NATIONAL HEALTH MISSION
            ASSAM
            ADDRESS- SAIKIA COMMERCIA COMPLEX
             G.S.ROAD
             CHRISTIANBASTI
             GHY-0

Advocate for the Petitioner   : MR. T DEURI

Advocate for the Respondent : SC, HEALTH




                                          BEFORE
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                HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA

                                            ORDER

05.02.2021 (1) Heard Mr. T. Deuri, learned counsel for the petitioner, who submits that though the petitioner has been asked to join at her original place of posting of ANM at Barampur, Sub- Centre, Patharighat BPHC under the Joint Director of Health Services, Darrang and allowed to work temporarily at Mahendra Mohan Choudhury Hospital, Guwahati vide order dated 27.01.2021, the petitioner should be transferred to the ANM at Barampur, Sub-Centre, Patharighat BPHC. He submits that the petitioner is suffering from Arthritis and Cardiovascular problems, due to which the petitioner should be transferred to ANM at Barampur, Sub-Centre, Patharighat BPHC, Darrang.

(2) Mr. D.P. Borah, learned Standing Counsel, Health Department and NHM for the respondents submits that the transfer being an exigency of service, the petitioner cannot have any grievance with the order dated 27.01.2021. He also submits that if the petitioner has a grievance against the order dated 27.01.2021, the petitioner should file a representation to the authority.

(3) I have heard the learned counsels for the parties, in the case of S.C. Saxena Vs. Union of India & Ors. reported in (2006) 9 SCC 583, the Apex Court has held that the Government Servant cannot disobey a transfer order by not reporting at the place of posting and then go to a Court to ventilate his grievances. It is his duty to first report for work where he is transferred and make a representation as to what may be his personal problems. This tendency of not reporting at the place of posting and indulging in litigation needs to be curbed. In the case of S.C. Saxena (Supra), the Apex Court further held that assuming there was sickness, the same could not have been prevented the Government Servant from joining his place of posting.

In the present case, the petitioner's case is that she is suffering from Arthritis and Cardiovascular problems.

(4) The above being said, in view of the Judgment of the Apex Court in the case of S.C. Saxena (Supra), the petitioner would have to first join her place of posting and then file a Page No.# 3/3

representation with regard to her grievance.

(5) As the petitioner has not submitted any representation to the authorities, liberty is given to the petitioner to submit a representation within a period of 2(two) weeks from today. The representation should be addressed to the Director of Health Services, Darrang, who shall thereafter dispose of the same.

(6)    This writ petition is accordingly dismissed.



                                                                    JUDGE



Comparing Assistant