Petitioners challenged termination of their contract appointments as Rural Medical Assistants. The court directed the respondent to consider a representation submitted by the petitioners on merits.
Petition disposed of with direction to Mission Director to consider petitioners' representation on merits within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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.[NJTHEJHIGH^OURT OF CHHATTISGARH AT BILASPUR
Writ Petition (Sl No. ^°>v>\o{2013
PETITFONERS:
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Srat. Anshu Gupta, S/o Shri Madhavlal Gupta, Aged about 30 years, R/o Bada Bazar, Chirirairi Police Station Chirimiri, District-Koria (C.G.) Posted earlier as Rural Medical Assistant (R.M.A.) Contract Basis in Primary Health Centre Udhanapur, Khadgava, District- Koriya,
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Ramkinkar Chandravanshi Aged about 29 years, S/o Shri R.S. Chandravansi R/o Village- Paliguda, Tehsil- Kawardha,
P.S. Kotwali Kabirdham, District- Kabirdham (C.G.) Posted earlier as Rural Medical Assistant (R.M.A.) - Conta-act Basis in Primary Health Centre Belard, Spnhat, DistrictKoriya, Chhattisgarh
- Versus -
RESPONDENTS:
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Mission Director, National Rural Health Mission,
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Raipur, Chhattisgarh.
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Collector, Koriya, Baikunthpur, Distt. Koriya, Chhattisgarh.
^.y Joint Director, Health Services, Sarguja Division, Ambikapur, Distt. Sarguja, Chhattisgarh.
Chief Medical and Health Officer, Koriya, Distt. Koriya, Baikunthpur, Chhattisgarh.
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Block Medical Officer, Community Health Centre, Janakpur, Distt. Koriya, Chhattisgarh. 7. District Programrae Manager, Office of the Chief Medical and Health Officer, Koriya, Distt. Koriya, Baikunthpur, Chhattisgarh.
WMT PETITION UNDER ARTICLE 226^ OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF APPROPRIATE WRIT/WRITS. DIRECTIONS ETC.. IN THE ^ATURB OF MANDAMUS, CERTIORARI AND/OR ANY OTHER SUITABLE WRIT OF LIKE NATURE
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HIGH COURT OF CHHATTISGARH. BILASPUR
SB: HON'BLE PRASHANT KUMAR MISHRA. J
WRITPETITION (S) No.2991 of 2013
PETITIONERS Smt. AnshuGupta and another
Vs.
RESPONDENTS State of Chhattisgarh and others
Present:
Mr. Mateen Siddiqui, counsel for the petitioner. Mr. Ajay Dwivedi, Deputy Govt. Advocate, for the State.
ORAL ORDER
(01.10.2013) 1, The petitioners were working as Rural Medical Assistants on contract basis in different Primary Health Centres in Korea district from the year 2008 & 2011 onwards respectively. On account of lack of performance, notices were issued to various Rural Medical Assistants induding the petitioners and by order AnnexureP-1, ths Mission Director, National Rural Health Mission (NRHM), Chhattisgarh has directed the concemed District Head of NHRM, Koriya, to discontinue the contract appointments of the petitioners after making advance payment of one month honorarium.
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prashantKumarMishra
Judge
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2 issues framed by the court
Whether the termination of contract appointments for lack of performance without due consideration of representations raises a question for judicial review.
Whether the petitioners were entitled to an opportunity to submit representations before the termination order was enforced.
Smt. Anshu Gupta and another
State of Chhattisgarh
Prashant Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
