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GAHC010230212025

2026:GAU-AS:6666

THE GAUHATI HIGH COURT

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

Case No. : WP(C)/6064/2025

BHASKARJYOTI KALITA

SON OF LATE BINOD CH KALITA, R/O MALIKUCHI, DIGHALI, WARD NO

17, BYE LANE NO. 2, PO BOR DIGHALI, DISTRICT- NALBARI, ASSAM, PIN

781334

VERSUS

THE STATE OF ASSAM AND 3 ORS.

THROUGH THE COMMISSIONER AND SECRETARY TO THE GOVT OF

ASSAM, HEALTH AND FAMILY WELFARE DEPARTMENT, DISPUR,

GUWAHATI-6

2:THE DIRECTOR OF HEALTH

ASSAM

HENGRABARI

GUWAHATI-19

3:THE JOINT DIRECTOR OF HEALTH SERVICES

NALBARI DISTRICT

NALBARI

ASSAM

PIN 781335

4:THE SUB DIVISIONAL MEDICAL AND HEALTH OFFICER

KAMARKUCHI BLOCK PRIMARY HEALTH CENTRE

KAMARKUCHI

NALBARI

ASSAM

PIN 78134

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Advocate for the Petitioner : MR. I H SAIKIA, MR. K KALITA,MR K KASHYAB,MR. B

BORAH

Advocate for the Respondent : SC, HEALTH,

BEFORE

HONOURABLE MRS. JUSTICE SHAMIMA JAHAN

ORDER

13.05.2026

Heard Mr. I. H. Saikia, learned counsel for the petitioner. Also heard Mr. D.

P. Bora, learned Standing Counsel for the Health and Family Welfare

Department.

2. By this application filed under article 226 of the constitution of India, the

petitioner has prayed for setting aside of the order dated 19.09.2025, by which

the attachment order was cancelled and the petitioner was directed to render

his service in his original place of posting in Simonabasti, i.e., in the district of

Nagaon.

3. The petitioner has also prayed for setting aside and quashing of the order

dated 01.02.2025, i.e., the release order by the Joint Director of Health

Services, Nalbari, by which the petitioner was released from his place of

attachment and as well as the other release orders.

4. The case of the petitioner is that, he was appointed by order dated 16th

May, 2011, as a Multi-Purpose Worker in the Pukhuripar Sub-Centre, Boko Block,

Public Health Centre. Thereafter on 07.10.2016, he was transferred and posted

at Simonabasti BPHC, Nagaon, under the Joint Director of Health services.

Thereafter, the petitioner was attached at various places by various orders.

Subsequently, the petitioner was released from the attached post and were

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directed to join in the original place of posting vide order dated 01.02.2025.It is

stated here that along with petitioner, a number of employees were released

from their attached post and were directed to join in their original place of

posting. Thereafter, on 03.02.2025, the petitioner was released from the

attached place under Kamarkuchi BPHC to enable him to join in his original

place of posting.

5. The said order dated 03.02.2025 is the release order. The learned counsel

for the petitioner submits that in view of the Office Memorandum dated

21.05.1987, the spouse posting was provided for and in Clause-2 of the said

memorandum, it is provided that if one spouse belongs to one state service and

the other spouse belong to another state service, the spouse with the longer

service at a station may apply for his transfer and the said authority may post

the said officer to the station of the other spouse and if no post is available at

that station, the spouse should be transferred to the nearest station where the

post is available.

6. The wife of the petitioner was appointed as a subject teacher/assistant

teacher in English by order dated 31.12.2011 and the said appointment was on

contractual basis and that she was regularly appointed as a graduate teacher

vide order dated 15.02.2025 and was posted to the school of Balikaria Basudev

Bidyapeeth in the district of Nalbari.

7. By taking into account the Office Memorandum, the petitioner has

submitted a representation for his posting at Nalbari where his wife was working

and it is also stated that he has a minor daughter and for not getting proper

response, the petitioner was constrained to file one writ petition being WPC

No.3984/2025, and this Court vide order dated 30.07.2025, had directed that

the petitioner may file a representation giving his full details to the authority

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