Disposed

Sanjay Kumar Mishra v. State Of Chhattisgarh and Ors.

Chhattisgarh HC1 Oct 2013WPS/2989/2013

Case brief

AI extract

What is this about?

The Chhattisgarh High Court disposed of a writ petition by directing the Mission Director, NRHM, to consider the petitioner's representation regarding his remote area service and contract discontinuance within three months.

What did the court decide?

Petitioner directed to submit representation within one month; Mission Director to consider it and decide within three months.

Sanjay Kumar Mishra Vs State Of… — Pension and Retirement Benefits | Chhattisgarh HC (2013)

¶1

¶2

¶3

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR

¶4

Writ Petition (S) No; of 2013

¶5

PETITIONER:

¶6

PETITIONER: Sanjay Kum.ar Mishra, S/o Shri Motilal Mishra, Aged about 30 years, R/o c/o Janapriya Hospital Ashok Nagar, Sarkanda, 'M-k^ Police Station Sarkanda, Bilaspur, Chhattisgarh. Posted earlier as Rural ........t^-^fr yj»Medical Assistant (R.M.A.) ^^^s^VKIt»" Contract Basis in Primary ..."••"••"" Health Centre . • Baharasi, Janakpur, DistrictKoriya, Chhattisgarh

¶7

- Versus -

¶8

RESPONDENTS:

¶9

State of Chhattisgarh, Through the Secretary, Health and Pamily Welfare Department, Mantralaya, Mahanadi Bhawan,

¶10

J*Jaya Raipur, Chhattisgarh.

¶11

Mission Director, National Rural Health Mission,

¶12

4th Floor, LIC Building, Jeevan Bima Road, Pandri,

¶13

Raipur,- Chhattisgarh.

¶14

Collector, Koriya, Baikunthpur,

¶15

,.Distt, Koriya, Chhattisgarh. 4. Joint Director, Health Services, Sarguja Division, Ambikapur, Distt. Sarguja, Chhattisgarh.

•s

">-'

5." Chief Medical and Health Officer, Koriya, Distt. Koriya, Baikunthpur, / Chhattisgarh.

¶20

/ 6. Block Medical Officer, Community Health Centre, Janakpur, Distt. Koriya, Chhattisgarh.

¶21

/•'

¶22

District Programlne Manager,

¶23

Office of the Chief Medical

¶24

and Health Officer, Koriya, Distt. Koriya, Baikunthpur, Chhattisgarh.

¶25

WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT/WRITS, DIRECTIONS ETC., IN THE NATURE OF MANDAMUS, CERTIORARI AND/OR ANY OTHER SUITABLE WRIT OF LIKE NATURE

s*>

HIGH COURT OF CHHATTISGARH. BILASPUR

¶30

SB: HON'BLE PRASHANT KUMAR MISHRA. J

¶31

WRIT PETITION (81 No. 2989 of 2013

¶32

PETITIONER Sanjay Kumar Mishra

¶33

Vs.

¶34

RESPONDENTS State of Chhattisgarh and others

¶35

Present:

¶36

Mr. Mateen Siddiqui, counsel forthe petitioner. Mr. Ajay Dwivedi, Dy. Govt. Advocate, for the State.

¶37

ORAL ORDER

¶38

(01.10.2013)

¶39

The petitioner was working as Rural Medical Assistant on contract basis in Primary Health Centre, Baharasi, in Korea district from 2008 onwards. On account of lack of performance, notices were issued to various Rural Medical Assistants including the petitioner and by orderAnnexure-P-1, the Mission Director, National Rural Health Mission (NRHM), Chhattisgarh has'directed fhe concemed DiStrict Head of NHRM, Korea, to discontinue the contract appointment ofthe petitioner after making advance payment of one month honorarium.

¶40

Learned counsel for the petitioner would submit that several similarly placed candidates were issued notices for improvement in the performance, however, the petitioner has been picked up for discontinuance and others have been retained in contract service. He would submit that the District Head of NHRM, Korea has sent letters dated 19.7.2013 & 23.7.2013 (Annexure-P/9 & P/10) to the Mission Director, NHRM mentioning that the petitioner was working at^Primary Health Center situated in a remote area, therefore, his service is required otherwise the Primary Health Center in remote areas shall be rendered without any proper medical facilities. He would submit that the said letters have not been considered by the Mission Director, as the order Annexure-P/1 was passed eariier. He would also submit that the petitioner is desirous to submit a representation before the Mission Director on the strength of communication sent by the district * headvideAnnexure-P/9&P/10.

¶41

In view of the above, the present writ petition is disposed of with a direction that in the event the petitioner submits^{arepresentationbeforetheMission} Director, NRHM on the-strength ofAnnexure P/9 & P/10, within a period of 1 month fromtoday, the Mission Director shall consider and decide the same on its own merits, as early as possible, preferably within^a period^{of3months from thedateof} submission of representation.

¶42

Rao

¶43

Sd//prashantKumarMishra Judge

Sanjay Kumar Mishra v. State Of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

Sanjay Kumar Mishra v. State Of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bhupendra Kumar Baghel Vs State of Chhattisgarh and Ors.

Laxman Ram Vs State of Chhattisgarh and Ors.

Tikamchand Patel Vs State Of C.g. and Ors.

Smt. Purna Chatterjee Vs State Of Chhattisgarh and Ors.

Smt. Anshu Gupta and Anr. Vs State Of Chhattisgarh and Ors.

Abdul Habib Khan and Ors. Vs State Of Chhattisgarh and Ors.