High Court dismissed clubbed writ petitions for appointment as ANM/Health Worker as infructuous following compliance with interim order, pending Supreme Court SLP and vigilance outcome.
Writ petitions dismissed as infructuous; seniority dispute permitted at appropriate stage.
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.
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition (S/S) No. 3703 of 2018
Sunita Dasila. …..Petitioner
Versus
State of Uttarakhand & others. …….Respondents With
| Writ Petition No. | 3725 (S/S) of 2018 |
|---|---|
| Writ Petition No. |
3727 (S/S) of 2018 |
| Writ Petition No. | 3728 (S/S) of 2018 |
| Writ Petition No. |
3729 (S/S) of 2018 |
| Writ Petition No. |
3731 (S/S) of 2018 |
| Writ Petition No. | 3755 (S/S) of 2018 |
| Writ Petition No. | 3756 (S/S) of 2018 |
| Writ Petition No. | 3757 (S/S) of 2018 |
| Writ Petition No. | 3758 (S/S) of 2018 |
| Writ Petition No. |
3761 (S/S) of 2018 |
| Writ Petition No. | 3803 (S/S) of 2018 |
| Writ Petition No. | 3804 (S/S) of 2018 |
| Writ Petition No. | 3805 (S/S) of 2018 |
| Writ Petition No. | 3806 (S/S) of 2018 |
| Writ Petition No. | 3823 (S/S) of 2018 |
| Writ Petition No. | 3912 (S/S) of 2018 |
| Writ Petition No. |
3913 (S/S) of 2018 |
| Writ Petition No. | 3914 (S/S) of 2018 |
| Writ Petition No. | 3915 (S/S) of 2018 |
Writ Petition No. |
3916 (S/S) of 2018 |
| Writ Petition No. |
3917 (S/S) of 2018 |
| Writ Petition No. | 3918 (S/S) of 2018 |
| Writ Petition No. | 3919 (S/S) of 2018 |
| Writ Petition No. |
3920 (S/S) of 2018 |
| Writ Petition No. | 3934 (S/S) of 2018 |
| Writ Petition No. | 3935 (S/S) of 2018 |
Writ Petition No. |
3937 (S/S) of 2018 |
| Writ Petition No. | 3938 (S/S) of 2018 |
| Writ Petition No. |
3939 (S/S) of 2018 |
| Writ Petition No. | 3942 (S/S) of 2018 |
| Writ Petition No. | 3960 (S/S) of 2018 |
| Writ Petition No. |
3961 (S/S) of 2018 |
| Writ Petition No. | 3962 (S/S) of 2018 |
| Writ Petition No. | 3963 (S/S) of 2018 |
| Writ Petition No. | 3964 (S/S) of 2018 |
| Writ Petition No. | 3965 (S/S) of 2018 |
| Writ Petition No. | 3966 (S/S) of 2018 |
| Writ Petition No. | 3967 (S/S) of 2018 |
Writ Petition No. |
3968 (S/S) of 2018 |
| Writ Petition No. | 3969 (S/S) of 2018 |
| Writ Petition No. | 3970 (S/S) of 2018 |
| Writ Petition No. | 3972 (S/S) of 2018 |
| Writ Petition No. | 3973 (S/S) of 2018 |
| Writ Petition No. | 3976 (S/S) of 2018 |
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Writ Petition No. 3995 (S/S) of 2018 Writ Petition No. 4006 (S/S) of 2018 Writ Petition No. 4012 (S/S) of 2018 Writ Petition No. 4013 (S/S) of 2018 Writ Petition No. 4014 (S/S) of 2018 Writ Petition No. 4015 (S/S) of 2018 Writ Petition No. 4016 (S/S) of 2018 Writ Petition No. 4017 (S/S) of 2018 Writ Petition No.4018 (S/S) of 2018 Writ Petition No. 4019 (S/S) of 2018 Writ Petition No. 4020 (S/S) of 2018 Writ Petition No. 4022 (S/S) of 2018 Writ Petition No. 4023 (S/S) of 2018 Writ Petition No.4026 (S/S) of 2018 Writ Petition No. 4028 (S/S) of 2018 Writ Petition No. 4052 (S/S) of 2018 Writ Petition No. 4053 (S/S) of 2018 Writ Petition No. 4062 (S/S) of 2018 Writ Petition No. 4150 (S/S) of 2018 Writ Petition No. 4151 (S/S) of 2018 Writ Petition No. 4154 (S/S) of 2018 Writ Petition No. 4162 (S/S) of 2018 Writ Petition No. 65 (S/S) of 2019 Writ Petition No. 302 (S/S) of 2019
Mr. D.S. Bohra, Advocate for the petitioners.
Mr. Paresh Tripathi, Chief Standing Counsel with Mr. Sushil Vashishta, Mr. V.S. Rawat and Mr. J.S. Bisht, Brief Holder for the State of Uttarakhand.
Dated: May 8, 2019
Hon’ble Manoj K. Tiwari, J.
Since common questions of fact and law are involved in these petitions, therefore all these petitions are clubbed together and are being heard & decided together. However, for the sake of convenience, facts of WPSS No. 3703 of 2018 are being considered.
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Health Worker (Female) Certificate issued by Uttarakhand State Medical Faculty.
It is made clear by way of abundant precaution that this judgment is qua the advertisement dated 15.03.2016 only.”
“ I.A. NO.70388/2018 IN SLP(C) Nos. 6919-6922/2018
I.A. No.70338/2018 is allowed.
4
Learned counsel for the applicant(s) points out that the applicant(s) are from the Science stream and there cannot be any objection with regard to their appointment. It is also pointed out that they have already been appointed in March, 2018 but they are not assigned any work or paid salary.
The respondent(s) are directed to assign work to the applicant(s) and similarly situated nurses and pay their salary as well.
Diary No(s). 18889/2018
Permission to file special leave petition is granted.
Delay condoned.
Issue notice.
In case the appointments are made, 19 posts may be kept unfilled for the time being.
Tag with SLP(C) Nos.6919-6922/2018”
“(i) Issue a writ, order or direction in the nature of mandamus commanding the respondents to give joining to the petitioner on the post of Health Worker (Female)/ANM and pay her salary at par similarly situated persons.
(ii) Issue a writ, order or direction in the nature of the mandamus directing the respondents to give her seniority from the date when the similarly situated persons appointed in the respondent department.”
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A.N.M./Health Worker (Female) and they are also being paid salary.
Arpan
2 issues framed by the court
Whether writ petitions for appointment as ANM/Health Worker survive after interim order compliance.
Status of appointment and seniority pending Supreme Court SLP and vigilance enquiry.
Colour shows how this judgement treated each authority
Writ Petition (S/S) No. 809 of 2016, dt. 11.04.2017Referred¶17
Writ Petition (S/S) No. 809 of 2016
S.L.P. (C) Nos. 6919-6922/2018Referred¶19
SLP(C) Nos. 6919-6922/2018
Sunita Dasila
State of Uttarakhand
Manoj K. Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
