Heard Mr. G. Uddin, learned counsel for the petitioner as well as Mr. P. Hazarika, learned counsel representing all the respondents.

2. Challenge is made to the order dated 23.12.2011 (Annexure-9) issued by the Mission Director, NRHM, Assam rejecting the representation and holding that the petitioner is not fit to continue in service under the National Rural Health Mission. This order was passed pursuant to directions of this Court in Writ Appeal No.77/2010, whereby the respondent authority was directed to record a decision on the earlier order of termination dated 11.12.2009 after affording all reasonable opportunities of hearing to the petitioner.

3. Short facts are that the petitioner was appointed as Block Programme Manager under the National Rural Health Mission (NRHM) by order dated 29.05.2007. At the relevant time, the petitioner was posted at Kachuadam Primary Health Centre in the District of Karimganj. In the course of employment, the petitioner had successfully undergone Training-cum-Oriental Programme as well as State level training on Routine Immunization. However, by order dated 11.12.2009, the petitioner was informed that his services will not be renewed. Aggrieved, the petitioner had approached this Court in WP(C) No.5957/2009 and the same having been dismissed by order dated 11.03.2010, preferred appeal, being Writ Appeal No.77/2010. Judgment in the Writ Appeal was rendered on 01.09.2011 and this Court while appreciating the facts in issue, set aside the order of termination primarily on the ground of lack of fairness in action on the part of the State respondents. A direction was made allowing the petitioner to represent against the ground on which the impugned order of termination had been issued with further direction to the respondent authorities to afford all reasonable opportunities to the petitioner and thereafter to record a decision on the issue. Two months’ time was granted to the respondent authorities to complete the exercise.

4. The petitioner made a representation before the Mission Director, NHM on 25.11.2011 answering to each of the four grounds indicated in the earlier order of termination dated 11.12.2009. Point-wise clarification was made justifying his good performance in the concerned Primary Health Centre as well as making mention of the evaluation report conducted by a team of doctors of the Medical Colleges of Assam under the supervision of Dr. Mousumi Biswas. In the said representation, the petitioner, inter alia, stated that it was on account of his endeavour that performance at Kachuadam Primary Health Centre was adjudged as the best and that he had brought about 17 villages under the Routine Immunization plan. Reference was also made to the report of the Performance Appraisal Committee, which had applauded the performance of the petitioner and which the respondents in their affidavit in the earlier round of litigation had made mention of it and had also admitted that while issuing termination order dated 11.12.2009, such report of the S.D.M. & H.O., Kachuadam PHC was not taken into consideration. In all, the petitioner had made an effective representation for consideration of his case by the Mission Director, NHM.

5. Pursuant to the order passed in the Writ Appeal and representation submitted by the petitioner, the petitioner was heard in person by the Mission Director, NHM and eventually the order dated 23.12.2011 came to be passed, which is the subject matter of challenge in the present writ application. The said order dated 23.12.2011, which gains significance for determination of this case, is reproduced hereunder:

“OFFICE OF THE MISSION DIRECTOR

NATIONAL RURAL HEALTH MISSION, ASSAM

House No.16, Jana Path, Opp. Kendriya Vidyalaya Khanapara, Guwahati

Ph. No.0361 – 2363061 :: Fax No.0361 – 2363058

Website: www.nrhmassam.in , E-mail ID: misnrhm.assam@gmail.com

No. NRHM/HRD/Court Case/08/09-10/24373

Date: 23/12/2011

ORDER

Seen and perused the order of Hon’ble Gauhati High Court dated 01