Narendra Kelodiya vs Director Of Health Service ...
2023 Latest Caselaw 4168 MP

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                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                               AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VISHAL MISHRA
                                              ON THE 16 th OF MARCH, 2023
                                            WRIT PETITION No. 26005 of 2022

                          BETWEEN:-
                          NARENDRA KELODIYA S/O SHRI DEVNARAYAN
                          KELODIYA, AGED ABOUT 40 YEARS, OCCUPATION:
                          UNEMPLOYED JHAGRIYA ROAD IN FRONT OF MATA
                          MANDIR BRAHAMPURI COLONY SEHORE, (MADHYA
                          PRADESH)

                                                                                     .....PETITIONER
                          (BY SHRI ABHIJEET AWASTHI - ADVOCATE)

                          AND
                          1.    DIRECTORATE     OF     HEALTH    SERVICE
                                GOVERNMENT OF MADHYA PRADESH THROUGH
                                ITS ADDITIONAL CHIEF SECRETARY OFFICE AT
                                6TH FLOOR SATPUDA BHAWAN BHOPAL,
                                (MADHYA PRADESH)

                          2.    MISSION DIRECTOR, NATIONAL HEALTHCARE
                                MISSION OFFICE AT LINK ROAD NO. 3, IN FRONT
                                OF PATRAKAR COLONY, BHOPAL (MADHYA
                                PRADESH)

                          3.    CHIEF MEDICAL AND HEALTH CARE OFFICER,
                                SEHORE OFFICE AT CMHO, SEHORE, DSITRICT
                                SEHORE (MADHYA PRADESH)

                          4.    CHIEF ADMINISTRATIVE OFFICER, NATIONAL
                                HEALTH MISSION OFFICE AT LINK ROAD NO. 3,
                                IN FRONT OF PATRAKAR COLONY, BHOPAL
                                (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                          (BY SHRI B.D. SINGH - ADVOCATE FOR THE CAVEATOR)

                                This petition coming on for admission this day, th e court passed the
                          following:
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 3/17/2023
10:24:49 AM
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                                                               ORDER

After arguing at length, counsel for the petitioner confines his arguments to the effect that the order of termination is stigmatic order and it will create hindrance in the further employment, therefore, he submits that as the termination order is related to the contractual service rendered by him presently, the same should not come in the way of the petitioner for seeking any future employment in the matter.

Counsel appearing for the Caveator has no objection to the aforesaid and has placed reliance upon the judgment passed by the Division Bench of this Court in W.A.No.880/2016 (Rajendra Prasad Bakoriya Vs. The State of

Madhya Pradesh) dated 12.04.2017 wherein Division Bench has observed as under :-

"After hearing learned counsel for the parties, we deem it appropriate to dispose of the present appeal with an observation that any finding recorded in the order of termination is only forthe purposes of terminating the contract period and shall not be taken into consideration by any other Government or Semi Government Organization as the case may be in which the appellant may apply for appointment. The conduct of the appellant shall be examined de hors the order of termination. Writ appeal stands disposed of accordingly."

Under these circumstances, this petition is disposed off with an observation that the reasons which are being recorded in the termination order will not come in the way of the petitioner to seek any future employment on contractual basis. As far as termination order is concerned, the same is upheld, not being challenged in the present writ petition.

(VISHAL MISHRA) JUDGE Sha

Signature Not Verified Signed by: SHALINI LANDGE Signing time: 3/17/2023 10:24:49 AM