Smt. Manika Sahu Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

Smt. Manika Sahu Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioner to make a representation to respondent No. 2 (Secretary, Department of Medical Education) within three weeks from the date of the order; respondent No. 2 to decide the representation within a further period of 12 weeks; authorities free to decide it in accordance with law.

Issue for consideration

Whether the petitioner, who appeared at S.No. 4 in the gradation list for the position as on 1.4.2021 for the post of Nursing Sister but whose name did not find place in another gradation list showing the status as on 1.4.2021, should be afforded an opportunity to seek correction through a representation, as was done in the identical case WPS No. 3943/2022.

Court's answer

The petition is disposed of with liberty to the petitioner to make a representation to respondent No. 2 within three weeks, and respondent No. 2 shall decide the same within a further period of 12 weeks.

Ratio / Principle

This Court has not expressed any opinion on the merits of the case, and the respondents/authorities are free to decide the representation, if made by the petitioner, in accordance with law.

Detailed headnote1 paragraphs

High Court of Chhattisgarh at Bilaspur (Hon'ble Shri Justice Sachin Singh Rajput, single Judge), Order dated 28/08/2024 in WPS No. 4317 of 2024. Petitioner, a Nursing Sister at Community Health Center, Doundilohara, District Balod, appeared at S.No. 4 in a gradation list for the position as on 1.4.2021 issued by the Director, Health Services, Chhattisgarh, but her name did not find place in another gradation list showing the status as on 1.4.2021. Counsel noted that an identical issue had been decided by this Court in WPS No. 3943/2022, where petitioners were permitted to submit representations, and sought a similar order. Counsel for the State pointed out that no representation had been filed before the writ petition. The Court disposed of the petition with liberty to the petitioner to make a representation to respondent No. 2 within three weeks, to be decided within a further period of 12 weeks, expressly stating that it had not expressed any opinion on the merits and the authorities were free to decide the representation in accordance with law.

1 / 2

2024:CGHC:32890

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 4317 of 2024

Smt. Manika Sahu W/o Shri Shailendra Sahu Aged About 44 Years Working As Nursing Sister At Community Health Center, Doundilohara, District Balod, Chhattisgarh ... Petitioner

versus

1. State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh.

2. The Secretary Department Of Medical Education, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur, Chhattisgarh.

3. Director Directorate Medical Education, Old Nurses Hostel Bhawan D.K.S. Premises, Raipur, District Raipur, Chhattisgarh.

4. Director, Directorate Health Services Indrawati Bhawan, Atal Nagar, New Raipur, District Raipur, Chhattisgarh.

5. Chief Medical And Health Officer Balod, District Balod, Chhattisgarh.

6. The Superintendent Of C.I.M.S. Bilaspur, District Bilaspur, Chhattisgarh

... Respondents

For Petitioner : Shri Somkant Verma, Advocate For Respondents : Shri Kalpesh Ruprel, PL

(Hon’ble Shri Justice Sachin Singh Rajput)

Order on Board

28/08/2024:

Counsel for the petitioner submits that gradation list for the position as on 1.4.2021 on the post of Nursing Sister was issued by the Director, Health Services, Chhattisgarh, in which name of the petitioner finds place at S.No. 4. Thereafter,

2 / 2

another gradation list showing the status as on 1.4.2021 was issued in which name of the petitioner did not find place. He submits that identical issue was decided by this Court in WPS No. 3943/2022 and the petitioners were permitted to submit a representation. Therefore, similar order may be passed in this case also.

Counsel for the State submits that the petitioner has not submitted any representation before filing this writ petition. However, in the light of the order passed by this Court in similar cases, the representation if any made by the petitioner would be considered in accordance with law.

Accordingly, the petition is disposed of with liberty to the petitioner to make a representation to respondent No. 2 within three weeks from today. On that being done, respondents No. 2 shall decide the same within a further period of 12 weeks.

This Court has not expressed any opinion on merits of the case, and the respondents/authorities would be free to decide the representation, if made by the petitioner, in accordance with law.

Sd/-

(Sachin Singh Rajput) Judge

Jyotishi

Digitally signed by AVANISH AVANISH JYOTISHI JYOTISHI Date: 2024.08.30 14:03:28 +0530