Chattisgarh High Court
Smt. Meena Sahu vs State Of Chhattisgarh on 3 February, 2022
1
(Proceedings through Video Conferencing)
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 432 of 2021
Smt. Meena Sahu W/o Harinarayan Sahu, Aged About 32 Years R/o.
House No. 46, Ward No. 05, Bazar Chowk, Somni, Rajnandgaon -
491441 Chhattisgarh
---- Appellant
Versus
1. State of Chhattisgarh Through The Under Secretary To
Government, Raj Bhawan, Raipur Chhattisgarh
2. The Secretary, Department of Health And Family Welfare,
Mantralay, Mahanadi Bhawan, Atal Nagar, New Raipur, District
Raipur Chhattisgarh
3. The Director, Directorate of Health And Family Welfare, Mantralaya,
Mahanadi Bhawan, Atal Nagar, New Raipur, District Raipur
Chhattisgarh.
4. The Chief Medical And Health Officer, District Durg Chhattisgarh
5. The Collector, District Durg Chhattisgarh
---- Respondents
(Cause-title taken from Case Information System)
For Appellant : Mr. Praveen Soni, Advocate.
For Respondents : Mr. Gagan Tiwari, Deputy Government Advocate.
Hon'ble Shri Arup Kumar Goswami, Chief Justice
Hon'ble Shri N. K. Chandravanshi, Judge
Judgment on Board
Per Arup Kumar Goswami, Chief Justice
03.02.2022
Heard Mr. Praveen Soni, learned counsel for the appellant. Also
heard Mr. Gagan Tiwari, learned Deputy Government Advocate
appearing for the respondents.
2. This appeal is presented against an order dated 08.10.2021 passed
by the learned Single Judge in WPS No. 5451 of 2021.
3. The case presented before the learned Single Judge was that the
petitioners were contractual employees, who are sought to be replaced
by another set of contractual employees by inviting a fresh
advertisement. Accordingly, the petitioners prayed for quashing of the
advertisement dated 16.06.2021 issued by the Office of Chief Medical
and Health Officer, Durg along with a prayer to direct the respondent
authorities to continue the service of the petitioners till the posts are filled
up by regular employees.
4. Pursuant to an advertisement dated 10.09.2020 issued by the
Office of Chief Medical and Health Officer, Durg, the petitioners were
appointed as Auxiliary Nurse Midwifery (ANM) on contractual basis for
Covid-19 sampling at the rate of honorarium of Rs. 12,000/-. The order
dated 28.05.2021 (Annexure P/3) of the writ petition goes to show that in
view of decline of Covid-19 cases, the service of the petitioners, who
were paid from District Mineral Fund, was discontinued. A note to the
said order goes to show that in future, if necessity arises because of
increase of Covid-19 cases, they would be contacted.
5. Subsequently, the advertisement dated 16.06.2021 was issued
under the National Urban Health Mission for 14 numbers of post with
consolidated salary of Rs. 12,000/-. Reservation was also provided in
respect of the aforesaid 14 posts.
6. It is submitted by Mr. Tiwari that the petitioners were earlier
appointed by advertisement dated 10.09.2020, not under any scheme or
in regular post, and that is why they were paid honorarium from the
District Mineral Fund, which is an emergency fund, whereas, the present
advertisement is issued under the National Urban Health Mission and
therefore, it cannot be said that the petitioners are sought to be replaced
by another set of employees for the very same post where they had
worked earlier.
7. Though the learned Single Judge has not elaborately discussed the
factual matrix, we are of the considered opinion that the ultimate
conclusion of the learned Single Judge not to interfere with the
advertisement in question cannot be faulted. The learned Single Judge
also observed that if the petitioners are eligible and meet the requirement
under the advertisement, they may participate in the same.
8. In view of the above discussion, we do not find that any case is
made out for interference with the order of learned Single Judge and
accordingly, the writ appeal is dismissed.
Sd/- Sd/-
(Arup Kumar Goswami) (N. K. Chandravanshi)
Chief Justice Judge
Hem
