WP(C) 21/2011 BEFORE THE HON’BLE MR JUSTICE B. K. SHARMA Heard Mr. M.K. Choudhury, learned senior counsel assisted by Mr. B. Chak raborty, learned counsel for the petitioner. Also heard Mrs. A. Verma, learned S tanding Counsel, Health as well as Ms. R. Chakraborty, learned Addl. Senior Govt . Advocate. The petitioner while was serving as Medical & Health Officer-I, his serv ices was placed at the disposal of Labour and Employment Department for posting as Medical Inspector of Planatation, Nagaon. Same was done in 2001 by Annexure-1 order dated 17.1.2001. Thereafter, by Annexure-2 order dated 22.2.2001, the Lab our and Employment Department, appointed him as Medical Inspector of Plantation in his grade scale of pay. The petitioner has been serving in the said departmen t since then and now he is aggrieved by the Annexure-8 order dated 10.11.2010, b y which he has been repatriated back to his parent department i.e. the Health an d Family Welfare (A) Department. The order states about expiry of the period of deputation of the petitioner in the Labour and Employment Department. Being aggrieved by the aforesaid order dated 10.11.2010, the petitioner made the Annexure-9 undated representation to the Commissioner and Secretary to the Govt. of Assam in the Health & Family Welfare (A) Department. He also made a nother representation to the Principal Secretary, labour and Employment Departme nt followed by further representation to the Minister of Health and Family Welfa re through his wife. According to the said representation, the Minister, PWD, As sam, by her endorsement dated 25.11.2010 requested the Health Minister to cancel the impugned order and the Health Minister by his endorsement on the body of th e said note, directed to Commissioner, Health, to process the matter. It appears that the aforesaid process initiated by the petitioner at the political level did not yield any result and by Annexure-13 notification dated 29.11.2010, he upon his repatriation to the department, has been posted at Bilas hipara SHC vice one Dr. M. Islam transferred. The petitioner has assailed the impugned orders firstly on the ground of his wife’s serious illness and secondly on the ground that the process for his absorption in the Labour and Employment Department, having been initiated, he co uld not have been repatriated to the parent department, without the final result of the said process. So far as the second ground is concerned, the respondents by the written instruction furnished to the learned State Counsel vide letter dated 5.1.2011, have categorically stated that there is no provision for absorption of Medical I nspector of Plantation in the Labour and Employment Department and that no proce ss had also been initiated to absorb the petitioner in the borrowing department. In this connection, the letter states that here is no cadre and / or separate s ervice rules for such Medical Inspector of Plantation. As per the said letter, t he policy of the Department is to get Doctors from Health & Family Welfare Depar tment on deputation and thereafter to repatriate them to the parent Department. There is nothing to show that the petitioner’s lien has been severed. In none of the representations, the petitioner had mentioned about the severance o f his lien in the parent department, and in fact, he rightly made representation to the authorities in the Health & Family Welfare Department. There is nothing to show that the petitioner was absorbed in labour and Employment Department. Ir respective of his tenure in the borrowing Department, he is bound to go back to his parent department on being released by the borrowing Department. The law in this regard is clear. A deputationist cannot claim absorption in the borrowing D epartment as a matter of right. As regard the second ground on which the writ petition has been filed wh ich is his wife’s illness, that cannot be a ground for the writ court to interfe re with the impugned orders of repatriation and posting. According to the petiti oner, his wife, who is subject Teacher in a School at Nagaon is suffering from s erious ailments requiring constant and continuous presence of the petitioner by her side. In this connection, the petitioner has annexed some medical documents to the writ petition. Mr. Choudhury, learned counsel for the petitioner submits that in the event of requiring the petitioner to leave Nagaon to join at Bilashi para, Dhubri, same would cause serious impact on the health of his wife. Accordi ng to Mr. Choudhury, the case of the petitioner is require to be considered symp athetically for his posting in the District of Nagaon or somewhere nearer to Nag aon. Considering the matter in its entirety, this writ petition is disposed o f holding that the impugned order of repatriation cannot be interfered with. How ever, so far as the place of posting to which the petitioner has been posted i.e . Bilashipara, in the District of Dhubri, is concerned, it is hereby provided th at the parent department of the petitioner i.e. Health and Family Welfare, may e xamine the matter as to whether the petitioner can be accommodated in the Distri ct of Nagaon or somewhere nearer to Nagaon. The petitioner may approach the concerned authorities in the Health and Family Welfare Department through appropriate representation, for his posting at Nagaon and / or somewhere nearer to Nagaon. If any representation is made by th e petitioner in this regard within 7(seven) days from today, the Commissioner an d Secretary to the Govt. of Assam, in the Health & Family Welfare Department, th e said authority may examine the feasibility or otherwise to accede to the reque st of the petitioner and pass appropriate order in accordance with law. Let the order be passed, as expeditiously as possible but at any rate no t latter then 10.2.2011, subject however, to the condition that the petitioner m akes a representation within one week from today to the said authority. With the above directions, the writ petition stands disposed of. Let a copy of this order be furnished to Ms. A. Verma, learned Standing Counsel, Health and Family Welfare, for her necessary follow up action.