Smt. Vimlesh vs The State Of Madhya Pradesh
2023 Latest Caselaw 11883 MP

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                           IN    THE     HIGH COURT OF MADHYA PRADESH
                                               AT GWALIOR
                                                   BEFORE
                                 HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                                             ON THE 28 th OF JULY, 2023
                                          WRIT PETITION No. 24914 of 2019

                          BETWEEN:-
                          1.    SMT. VIMLESH W/O SHRI SHIV SINGH BAGHEL,
                                AGED ABOUT 26 YEARS, OCCUPATION: SERVICE
                                AS   ASHA   WORKER     (NOW    ILLEGALLY
                                TERMINATED)      VILLAGE       MUNGAOLI
                                ANGANWADI CENTRE 110, NURABAD DISTT.
                                MORENA     R/O VILL. MUNGAOLI BLOCK
                                NURABAD (MADHYA PRADESH)

                          2.    SMT VINOD TOMAR W/O BRIJ KISHORE SINGH
                                TOMAR, AGED ABOUT 42 YEARS, OCCUPATION:
                                SERVICE AS ASHA WORKER (NOW ILLEGALLY
                                TERMINATED) WARD NO 9 RAMNAGAR
                                KIRRAICH ROAD, PORSA, DISTRICT MORENA
                                (MADHYA PRADESH)

                                                                              .....PETITIONER
                          (BY SHRI VIVEK JAIN - ADVOCATE )

                          AND
                          1.    THE STATE OF MADHYA PRADESH SECRETARY
                                VALLABH    BHAWAN,   BHOPAL   (MADHYA
                                PRADESH)

                          2.    THE MISSION DIRECTOR NATIONAL HEALTH
                                M I S S I O N 8-ARERA HILLS OLD JAIL ROAD
                                BHOPAL (MADHYA PRADESH)

                          3.    COLLECTOR    COLLECTOR MORENA (MADHYA
                                PRADESH)

                          4.    THE CHIEF MEDICAL AND HEALTH OFFICER
                                HEALTH    DEPARTMENT MORENA (MADHYA
                                PRADESH)

                                                                            .....RESPONDENTS
                          (BY SHRI S. S. KUSHWAH - GOVERNMENT ADVOCATE;
Signature Not Verified
                          SHRI SANKALP SHARMA - ADVOCATE FOR RES. NO.2)
Signed by: CHANDNI
NARWARIYA
Signing time: 31-Jul-23
5:16:28 PM
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                                 This petition coming on for admission this day, th e court passed the
                          following:
                                                               ORDER

The petitioner has preferred this petition under Article 226 of the Constitution of India seeking the following reliefs:

"(i). That, the orders annexuure P/1 and P/2 may kindly be quashed/set aside, and the petitioners be directed to be reinstated with all consequential benefits including arrears of salary.

(ii). Any other relief deemed fit in the facts and circumstances of the case doing justice in the matter including costs be also awarded."

At the outset learned counsel for the petitioner placed the order dated 01.03.2023 passed in WP No.23205/2019 (Khooshbu Sharma and Ors. vs. State of M.P. and Ors.) and submits that the matter is covered by the judgment passed by Co-ordinate Bench of this Court. He seeks parity viz a viz the said order.

Learned Govt. Advocate for the respondents/State could not dispute the said fact.

A relevant discussion of the said order is as under:-

" 7 - In the present matter the impugned order carries an observation that appointment procedure of the petitioners was faulty and was full of serious irregularities, which according to this Court also involves the integrity of the petitioners and, therefore, before passing the impugned orders, it was required to give them a chance to represent and clarify their position, which appears to have not been done.

8 - Thus, in the light of the aforesaid factual Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 31-Jul-23 5:16:28 PM

position, the impugned order (Annexure P/1) collectively with regard to present petitioners are hereby set aside. The respondent/authorities are directed to give reasonable opportunity of hearing to the petitioners and thereafter take appropriate decision in the matter, and if the respondent/authorities finds that the petitioners are entitled for continuing in service, they may do so. With the aforesaid, the petition stands disposed of. In view of the aforesaid, same petition stands disposed of in the manner as directed by the Coordinate Bench of this Court in case of Khooshbu Sharma (supra) that order shall apply mutatis mutandis in the present case. Accordingly, the order dated 03.10.2019 (Annexure P/1) passed by the respondent no.4-CMHO, District Morena is hereby set aside and liberty is granted to the Competent Authority to take up the matter in accordance with law.

The petition succeeds and is allowed. CC as per rules/directions.

(MILIND RAMESH PHADKE) JUDGE Rohit

Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 31-Jul-23 5:16:28 PM