WP(C) 1709/2009 BEFORE THE HON’BLE MR. JUSTICE B.K. SHARMA Heard Mr. M. Bhagwati, learned counsel for the petitioner as wel l as Ms. A. Verma, learned Standing Counsel, Health Department. I have also hear d Mr. J. Sarma, learned counsel representing the respondent No. 5. This is the second round of litigation relating to transfer and posting of the petitioner and the respondent No. 5. In the earlier round of liti gation, which was initiated by the respondent No. 5 by filing WP(C) No. 839/2008 , this Court by order dated 14.8.2009 disposed of the writ petition leaving the matter to be decided by the Departmental Minister after consideration of the nee ds of the administration. It was also provided that till such decision was taken , the posting of the petitioner and the respondent No. 5 would continue. Being aggrieved by the aforesaid order, the respondent No. 5 pre ferred writ appeal being W.A. No. 262/2008, which was disposed of by order dated 29.8.2008 refusing to interfere with the aforesaid order passed by the learned Single Judge. However, it was provided that the posting order of the respondent No. 5 and the petitioner would be passed by taking into account all the relevant considerations. After the aforesaid orders passed in the earlier round of litiga tion, the i/c Director of Health Services (FW) Assam passed the order dated 29.1 1.2008 ordering that the posting of the petitioner would remain in her original place of posting at Japia Sub-Centre under Hajo P.H.C. under Additional Chief Me dical & Health Officer (FW), Kamrup and that the respondent No. 5 at Batiyamari Sub-Centre of Jaljoli P.H.C. under Additional Chief Medical & Health Officer (FW ) Darrang. The aforesaid order dated 29.11.2008 was followed by order dated 21.1.2009 issued by the Sub Divisional Medical & Health Officer, Hajo BPHC/FRU allowing the petitioner to join at Japia SC with the direction to the respondent No. 5 to hand over the charge to her. Pursuant to such order, the petitioner su bmitted her joining report on 21.1.2009 joining at Japia. When the petitioner was purportedly not allowed to join, she fil ed writ petition being WP(C) No. 53/2009 and the same was disposed of on 23.1.20 09 on the basis of the submissions made by the learned Standing Counsel, Health Department that the petitioner had been allowed to join her duty. After the aforesaid developments, now the impugned order dated 2 .3.2009 (Annexure-15) has been passed reversing the earlier order. By the said o rder, the petitioner has been transferred to Batiyamari Sub Centre under Jaljoli P.H.C., while the respondent No. 5 has been transferred and posted at Japia und er Hajo P.H.C. According to the petitioner, the posting order dated 29.11.2008 having been passed pursuant to the directions of this Court in WP(C) No. 839/200 8 and W.A. No. 262/2008, the impugned order could not have been issued by revers ing the earlier position. On the other hand, it is the case of the official and private respondents that the order dated 29.11.2008 was passed by the i/c Direct or of the Health Services (FW), Assam without the approval of the Health Ministe r. It is their case that in terms of the aforesaid orders, the matter was to be decided by the Health Minister, but the matter was not brought to his notice and consequently the impugned order dated 2.3.2009 had to be passed when the matter was brought to the notice of the Health Minister. I have considered the matter in its entirety as well as submissi ons made by the learned counsel for the parties. I have also gone through the re cords produced by Ms. A. Verma, learned Standing Counsel, Health Department. From the records, it appears that the earlier order dated 29.11. 2008 was passed without bringing the matter to the notice of the Minister, which was the requirement as per the orders of this Court. It appears that subsequent ly, the matter was brought to his notice and he by order dated 19.2.2009 opined that since the earlier order was passed without apprising the matter to him, the said order dated 29.11.2008 was null and void. Accordingly the said order was s et aside with the direction for posting the respondent No. 5 at Japia Sub-Centre under Hajo P.H.C. was passed. From the above narration of facts, what is seen that the aforesa id orders of this Court were not brought to the notice of the Minister and the o rder dated 29.11.2008 was passed by the i/c Director of Health Services independ ent of the opinion of the Minister. When the matter was brought to his notice, h e by his note dated 19.2.2009 opined that such order was null and void. Directio n was also issued to post the respondent No. 5 at Japia Sub Centre under Hajo P. H.C. Consequently the impugned order dated 2.3.2009 was issued. The learned Single Judge as well as the Division Bench of this C ourt issued direction for consideration of the case of the petitioner as well as the Respondent No. 5 taking into account the administrative need and other rele vant considerations. However, from the materials on record, it appears that the Minister gave no such consideration. He endorsed his view to post the respondent No. 5 at Japia Sub-Centre under Hajo P.H.C. in view of the fact that the earlie r order dated 29.11.2008 was passed without bringing the matter to his notice as was required in terms of the directions of this Court. The note/endorsement doe s not reflect consideration of any administrative need and other relevant factor s. In view of the above, the matter is once again remanded back to the Minister concerned to pass appropriate order in terms of the aforesaid two o rders passed by this Court. Writ petition stands disposed of.