Dismissed

Ashok Kumar Patel v. State Of Chhattisgarh And Ors.

Chhattisgarh HC27 Aug 2024WPS/3732/2014

Case brief

AI extract

What is this about?

This High Court order dismissed two writ petitions challenging the cancellation of appointments of petitioners as Multipurpose Health Workers. The court upheld the dismissal of services based on the finding that petitioners obtained their training certificates as private candidates while employed on a contractual basis, rendering the certificates ineligible. The court permitted future reapplicatio

What did the court decide?

Petitions dismissed; no cessation of reapplication right for future posts.

Ashok Kumar Patel Vs State Of… — Pension and Retirement Benefits | Chhattisgarh HC (2024)

1 / 4

2024:CGHC:32799

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

¶5

WPS No. 3732 of 2014

¶6

1 - Ashok Kumar Patel S/o Shri Ishwari Patel Aged About 30 Years Multipurpose Health Worker (Male) And Posted At Sub Health Centre Sikirama Community Health Centre Farsabahar R/o Village And Post Sulesha Tahsil Bagicha P.S. Bagicha Distt. Jashpur Civil And Revenue Distt. Jashpur C.G. , Chhattisgarh

¶7

---- Petitioner

¶8

versus

¶9

1 - State Of Chhattisgarh And Ors. S/o Through The Secretary, Department Of Health And Family Welfare, New Mantralaya, Mahanadi Bhawan, Mandir Hasaud, P.S. Mandir Hasaud, Raipur C.G., Chhattisgarh 2 - The Director, Directorate Of Health Services, State Of C.G. Raipur C.G.

¶10

3 - The Collector Jashpur, Distt. Jashpur, C.G. 4 - Chief Medical And Health Officer, Jashpur, Distt. Jashpur, C.G.

¶11

---- Respondents

¶12

For Petitioner :- Mr. Awadh Tripathi, Advocate For State :- Mr. Sharad Mishra, Panel Lawyer

¶13

WPS No. 4776 of 2014

¶14

1 - Santosh Tirkey S/o Deonish Tirkey Aged About 28 Years Multipurpose Health Worker (Male) Vill Paiku Post Paiku Thana Jashpur, Civil And Revenue Distt. Jashpur, Chhattisgarh

---- Petitioner

Versus

2 - The Director, Health Services Chhattisgarh Raipur C.G.

¶19

3 - The Collector Jashpur, Distt. Jashpur, C.G.

¶20

4 - Chief Medical And Health Officer, Jashpur, Civil And

¶21

2 / 4

¶22

Revenue Distt. Jashpur C.G.

¶23

---- Respondents

¶24

(Cause-title taken from the Case Information System)

¶25

For Petitioner :- Mr. Yogendra Kumar and Mr. C.P.Soni, Advocates For State :- Mr. Sharad Mishra, Panel Lawyer

¶26

SB- Hon'ble Shri Justice Sanjay K. Agrawal Order On Board

¶27

28.08.2024

¶28

1. In these writ petitions, the petitioners are challenging order dated 30.06.2014(Annexure P/1) passed by respondent No.4, whereby the appointment of the petitioners to the post of Multipurpose Health Worker (Male) has been canceled.

¶29

2. The case of the petitioners is that the petitioners were appointed to the post of Multipurpose Health Worker (Male) vide order dated 03.03.2014 (Annexure P/6) on contractual basis with probation period of two years. However, on account of some complaints made against the petitioners, an inquiry was conducted and it was found that the petitioners have obtained their training certificate in the year 2013 from the Regional Health and Family Welfare Training Centre, Bilaspur as private candidates, during the course of their contractual appointment. However, the said certificate can be issued to a regular student only and not to a private candidate. On the basis

¶30

3 / 4

¶31

of that ground, the services of the petitioner were dispensed with by passing the impugned order.

¶32

3. Learned counsel for the petitioners submit that the impugned order is arbitrary and bad in law and, therefore, it deserves to be set aside.

¶33

4. On the other hand learned State Counsel supports the impugned order.

¶34

5. I have heard learned counsel for the parties and gone through the materials available on record with utmost circumspection.

¶35

6. In order to consider the plea raised at the bar, it would be appropriate to note para 3 of the return filed by the respondent-State, which reads as under :-

¶36

“3. That, it is respectfully submitted that after issuance of the appointment order dated 03/03/2014 (Annexure P/6), certain complaints have been made against the appointment of the petitioner and accordingly an inquiry has been conducted. In the said inquiry, it has been found that the petitioner was working on the post of Multipurpose Health Worker Male on contractual basis. He has worked on contractual basis from 15/06/2009 to 04/03/2014 whereas he has obtained the training certificate of Multipurpose Health Worker in the year 2013 from the Regional Health and Family Welfare Training Centre, Bilaspur. Thus, it is apparent that the petitioner has obtained the said training certificate during his contract appointment and when the explanation was sought from the petitioner as to

¶37

4 / 4

¶38

how he has obtained the said training certificate during the course of his contract appointment, the petitioner has stated that he has obtained the said certificate as private candidate. However, the said training certificate cannot be issued to a private candidate and the said certificate can only be issued to a regular student only and therefore, the petitioner has obtained the said certificate by cheating and malpractice as during the said period he was working on the post of Multipurpose Health Worker Male on contractual basis. For describing the above stated facts, copy of the letter dated 19/05/2014 written by the Principal is being filed herewith as Annexure R/1. ”

¶39

7. In light of the aforesaid findings that the petitioners have obtained their training certificate as private candidates during the course of their contract appointment, whereas the said training certificate could only be obtained by virtue of a regular student, the services of the petitioners were dispensed with.

¶40

8. As such, I do not find any good ground in these writ petitions and the same deserve to be and are accordingly, dismissed. However, this will not bar the petitioners to apply again for the said post, if it is in accordance with the rules and conditions of the advertisement issued.

¶41

Sd/- (Sanjay K. Agrawal) Judge

¶42

@d!t!

Ashok Kumar Patel v. State Of Chhattisgarh And Ors.

Case brief

What is this about?

What did the court decide?

Ashok Kumar Patel 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt. Deola Bai Vs State Of Chhattisgarh

Onkar Das Sahu Vs State Of Chhattisgarh

Abdullah Baig Vs State Of Chhattisgarh

Dukalu Vs Nihora

Ku. Hemlata Sandey Vs Smt. Shail Ogre

Smt. Vidya Devi Sharma Vs State Of Chhattisgarh