WP(C) 5186/2010 MCBEFORE HON’BLE MR. JUSTICE B K SHARMA Heard Mr. B D Das, learned counsel for the petitioner as well as Mr. B G ogoi, learned Standing Counsel, Health Department, Assam. The petitioner is aggrieved by the Annexure-4 communication dated 23.06. 2010 by which, the Government of Assam in the Health and Family Welfare (A) Depa rtment intimated the Director of Health Services, Assam that he was not competen t to modify the particular order earlier issued by the Government. As per the sa id letter the Director was to cancel the order passed by him. Consequent on the basis of the said communication the Director has passed the Annexure-5 order dat ed 06.09.2010 assailed in this writ petition. The petitioner who is at the verge of retirement on attaining the age of superannuation on 31.12.2010 was promoted by the Annexure-2 order dated 01.06.2 010 to the post of Superintendent. The order of promotion was passed by the Comm issioner and Secretary to the Government of Assam in the Health and Family Welfa re (A) Department. In the promotion order itself the place of posting of the pet itioner was indicated. However, the Director of Health Services, Assam in antici pation of Government approval issued the Annexure-3 order dated 03.06.2010 posti ng the petitioner in the Establishment Branch. This was objected to by the Gover nment vide the aforesaid letter dated 23.06.2010. As a consequence of which, the Director issued the aforesaid Annexure-5 order dated 06.09.2010 restoring back the earlier position. On perusal of the Annexure-4 communication dated 23.06.2010 it appears t hat the stand of the Government is that, the Director of Health Services, Assam is not competent to modify the order issued by the Government and that in case o f any requirement, necessary proposal for consideration of Government will have to be submitted. It is the case of the petitioner that, since his retirement is fast appr oaching, he may be allowed to remain in the earlier establishment i.e. Establish ment Branch, which was allowed by the Director of Health Services. On the other hand, while promoting the petitioner by the Government he was posted in the Offi ce of the Director of Health Services in the General Branch. The petitioner stil l remains in the same office with the change of the Branch from Establishment to General. However, in case of any necessity the Director may submit a proposal t o Government for its consideration. In view of the above, the writ petition is disposed of providing that in the event of any necessity, it will be opon for the Director of Health Services to make proposal to the Government in the particular manner and thereafter, the Government shall consider such proposal in accordance with the requirement and other attending facts and circumstances of the matter.