WP(C) 2446/2010 BEFORE THE HON’BLE MR. JUSTICE B.P. KATAKEY Heard Mr. Dhar, learned counsel for the petitioner as well as Ms. Verma, learned standing counsel Health Department appearing for the respondents. The grievance of the petitioner in the present petition is relating to n on-repatriation to the parent department, namely, the Health Department. Accordi ng to the petitioner, he was initially appointed as Medical and Health Officer, Grade-I, vide Notification dated 21.08.1987 issued by the Deputy Secretary to th e Govt. of Assam, Health & Family Welfare (A) Department of the Assam Public Ser vice Commission (Limitation of Function) Regulation 1951 and thereafter his serv ices were regularized as Medical and Health Officer, Grade-I. It is also the cas e of the petitioner and not in dispute that he was sent to Labour and Employment Department of Govt. of Assam on deputation on 05.11.1996 where he was appointed as Medical Inspector of Plantation. The further case of the petitioner is that though the borrowing department, namely, the Labour and Employment Department vi de communication dated 14.06.2000 informed the parent department, namely, the He alth & Family Welfare (A) Department that the services of the Medical and Health Officer Grade-I are not required in the borrowing department, as neither any or der of repatriation was passed by the parent department nor any release order wa s passed by the borrowing department releasing petitioner from the borrowing dep artment, he continued to be in the borrowing department despite such communicati on dated 14.06.2000. It is also the case of the petitioner and not in dispute th at the petitioner was thereafter promoted to the post of Senior Medical and Heal th Officer on 06.02.2006. It is, however, the case of the respondents that the p etitioner has not acted on the said order of promotion. Mr. Dhar, learned counsel for the petitioner producing the copy of the n otification dated 16.12.2010 issued by the Principal Secretary to the Govt. of A ssam, Labour & Employment Department, has submitted that the borrowing departmen t, namely, the Labour & Employment Department has released the petitioner from t he said department w.e.f. the said order dated 16.12.2010, but since no posting has been given, necessary directions may be issued to the respondent authorities for passing necessary order in that regard. Ms. Verma, learned standing counsel has submitted that though the petiti oner was promoted to the post of Senior Medical and Health Officer vide order da ted 06.02.2006, he did not join in the said post and in terms of the posting giv en by the said order. Producing the copy of the order dated 10.11.2010 issued by the Deputy Secretary to the Govt. of Assam, Health & Family Welfare (A) Departm ent, it has also been submitted by Ms. Verma that the petitioner has now been po sted as Medical and Health Officer Grade-I at Sonaibarighat SHC, Cachar and the petitioner is now free to join in the said post pursuant to the said order dated 16.12.2010. Mr. Dhar, learned counsel for the petitioner submits that the petitioner never forego the promotion to the post of Senior Medical and Health Officer mad e vide notification dated 06.02.2006 and as he was not released from the borrowi ng department, he could not join the said promotional post pursuant to the order of promotion dated 06.02.2006. It has also been submitted that the notification dated 10.11.2010 has not been served on the petitioner. Mr. Dhar submits that t he petitioner shall definitely join the said post in the said Sonaibarighat SHC pursuant to the order dated 10.11.2010. However, it has also been submitted that the respondents may be directed to pass necessary order relating to giving the posting as Senior Medical and Health Officer pursuant to the order of promotion dated 06.02.2006 and also to consider his case for further promotion as his batc h mates have already been promoted to the next higher post. It appears from the facts narrated above, that the petitioner was sent o n deputation to the Labour & Employment Department on 05.11.1996. While the peti tioner was serving in the borrowing department as Medical Inspector of Plantatio n, he was promoted to the post of Senior Medical and Health Officer vide order d ated 06.02.2006. The petitioner has been released from the Labour and Employment Department vide notification dated 16.12.2010. The Deputy Secretary to the Govt . of Assam, Health & Family Welfare (A) Department has also issued a notificatio n dated 10.11.2010 giving the posting of the petitioner as Medical and Health Of ficer Grade-I at Sonaibarighat SHC, Cachar. There is a dispute relating to the p romotion to the post of Senior Medical and Health Officer, however, according to the respondent authorities, he did not comply with the said order of promotion and posting, which has been denied by the petitioner contending that unless he i s released from the borrowing department, there is no question of joining in any post by accepting the order of promotion in the parent department. It is also t he case of the petitioner that the parent department did not issue any order of repatriation at that time and in that view, he was compelled to serve in the bor rowing department, namely, the Labour & Employment Department. Since the petitioner has already been released from the Labour and Emplo yment Department on 16.12.2010 and he has been given the posting at Sonaibarigha t SHC vide notification dated 10.11.2010, the petitioner now shall join his said place of posting pursuant to the said notification dated 10.11.2010. the petiti oner shall then file a representation before the Commissioner and Secretary to t he Govt. of Assam, Health and Family Welfare Department, seeking the posting as Senior Medical and Health Officer pursuant to the order of promotion dated 06.02 .2006. The said representation shall duly be considered by the said authority wi thin 1(one) month from the date of filing of such representation. The petitioner may also file a representation before the said authority for claiming promotion to the next higher post, which shall also be dealt with by the said authority i n accordance with law. The writ petition is accordingly disposed of. No cost. Copies of the aforesaid notifications dated 10.11.2010 and 16.12.2010 is sued by the Deputy Secretary to the Govt. of Assam, Health and Family Welfare (A ) Department and the Principal Secretary to the Govt. of Assam, Labour and Emplo yment Department, respectively, are kept on record.