SANJIB KUMAR MAHANTA @ SANJIB MAHANTA Vs. STATE OF ASSAM AND 4 ORS
LAWS(GAU)-2018-9-48
HIGH COURT OF GAUHATI
Decided on September 03,2018

Sanjib Kumar Mahanta @ Sanjib Mahanta Appellant
VERSUS
State Of Assam And 4 Ors Respondents

JUDGEMENT

Nelson Sailo, J. - (1.) Heard Mr. S Borthakur, the learned counsel for the writ petitioner and Ms. D. Borah the learned Standing Counsel, Health Department who appears for all the respondents.
(2.) The case of the petitioner is that he was promoted from the post of Senior Medical and Health Officer (SM&HO) to the post of Sub-Divisional Medical and Health Officer (SDM&HO) vide Notification dated 12.11.2007 (Annexure-A) and he was posted at Dhemaji Civil Hospital. However, on personal grounds, the petitioner sought accommodation in Sivasagar Civil Hospital and accordingly, he was allowed to remain in Sivasagar Civil Hospital by posting him as Deputy Superintendent in place of Dr. Ajit Kumar Sarmah vide Notification dated 11.04.2018 (Annexure-C).
(3.) Despite the posting, the petitioner was not given the charge by the said Doctor and therefore, he submitted a representation before the respondent authorities. Consequently, vide notification dated 21.3.2013 (Annexure-H), in partial modification of the earlier notification dated 12.11.2007, the petitioner was posted on promotion in the same capacity as SDM&HO at Sivasagar Civil Hospital against vacant post from the date of taking over charge. Pursuant to this, a communication dated 18.4.2013 (Annexure-I) was made to him by the Joint Director of Health Services, Sivasagar allowing him to join the said post beyond sanctioned post.;


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