HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 46652 of 2011 Petitioner :- Smt. Radhika Devi W/O Raj Kumar Singh And Others Respondent :- Union Of India And Others Petitioner Counsel :- K. Ajit Respondent Counsel :- C.S.C.,A.S.G.I.(2011/1521) Hon'ble Rajes Kumar,J.
The petitioners have been engaged as Auxiliary Nurse Midwives on a contractual basis. 51 Posts have been sanctioned for district Mirzapur under the National Rural Health Scheme, which is run by the Government of India.
Learned counsel for the petitioners states that they are also known as Health Workers. There is no dispute that their contract of engagement has been executed for the period of 2011-12 and the period of contract still exists. By the impugned order, their contracts have been cancelled on the ground that the posts have not been sanctioned. He further submitted that it is wrong to say that the posts have not been sanctioned. 51 posts have been sanctioned for Mirzapur district and it is not the case of Union of India that they have withdrawn the funds for the appointment of ANMs. He further submitted that on one hand their contracts have been cancelled on the ground that the posts have not been sanctioned by the Central Government while respondent no. 6 made a fresh appointment of respondent nos. 8 to 20 on the post of ANMs and when no posts have been sanctioned by the Central Government how respondent nos. 8 to 20 have been appointed.
Learned Standing Counsel was directed to file counter affidavit. In the counter affidavit, it is mainly submitted that respondent nos. 8 to 20 have been appointed on the post of Second ANMs and not on the post of ANMs and their remunerations are being paid from the funds provided by the Central Government under National Rural Health Scheme.
On query being made that under which scheme second ANMs have been appointed and from which funds, the payments are being made to Second ANMs. Learned Standing Counsel for Union of India submitted that under the National Rural Health Scheme, the provision is for the appointment of ANMs and there is no provision for Second ANMs and the Central Government is releasing the funds under the Health Scheme to provide medical health service. He submitted that under the Scheme, no post in the name of Second ANMs is provided.
On the facts and circumstances, prima facie the Court is of the view that the cancellation of the contract of the petitioners on the ground that no posts for ANMs are sanctioned for Mirzapur and in place of the petitioners, the appointment of respondent nos. 8 to 28 on the post of Second ANMs under the National Rural Health Scheme of the Central Government are not justified.
In view of the above, respondent no. 4-Director National Rural Health Scheme/Joint Director, Medical Health and Family Welfare, Lucknow,Vishal Complex, 19-A Vidhan Sabha Marg, Lucknow is directed to file personal affidavit that under which Scheme Second ANMs have been appointed/engaged and from which funds remuneration to them are being paid while under the National Rural Health Scheme, there is no provision for the appointment of Second ANMs and the provision is only for the engagement of ANMs. The affidavit may be filed within two weeks. The Union of India may also file counter affidavit within the aforesaid period.
Issue notice to respondent nos. 8 to 27.
Heard in part. Put up on 18.10.2011 as fresh.
Till the next date of listing, the impugned order dated 29.7.2011, Annexure-1 to the writ petition, passed by the Chief Medical Officer, Mirzapur shall remain stayed and respondent no. 6 is restrained from making any payment to second ANMs from the fund of National Rural Health Scheme.
Certified copy of this order be provided to learned Standing Counsel.
Order Date :- 29.9.2011 OP