SPA/315/2021
2021 Latest Caselaw 4012 UK

  IN THE HIGH COURT OF UTTARAKHAND
               AT NAINITAL

 THE HON'BLE THE CHIEF JUSTICE SRI RAGHVENDRA SINGH CHAUHAN
                              AND
           THE HON'BLE SRI JUSTICE ALOK KUMAR VERMA


                  SPECIAL APPEAL NO. 315 OF 2021

                          4th OCTOBER, 2021

Between:

Mission Director, National Health Mission              ......      Appellant

and

Smt. Usha Joshi and others                             ...... Respondents


      Counsel for the appellant    :     Mr.   Rahul     Consul,    learned
                                         counsel

      Counsel for respondents      :     Mr. B.S. Negi, learned counsel for
                                         respondents nos.1 to 9




The Court made the following:

JUDGMENT:       (per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)




              The Mission Director, National Health Mission,

the appellant, has challenged the legality of the order

dated 05.01.2021, passed by a learned Single Judge in

Writ Petition (S/S) No. 1858 of 2019, whereby the

learned      Single     Judge     has     directed      the    appellant-

respondent to consider the case of the petitioners de

novo for the grant of honorarium to them in view of the

guidelines issued by the Central Government in the year

2013-14.
                            2


2.        This Court has asked a pointed query to the

learned counsel for the appellant, namely whether the

direction issued by the learned Single Judge limits the

discretionary power of the appellant to reject the case of

the petitioners, or not?       To this query, the learned

counsel has frankly conceded that, in fact, the direction

issued by the learned Single Judge has no such effect on

the powers of the appellant.


3.        Thus, obviously the direction issued by the

learned Single Judge is an innocuous order.     The order

does not dilute the discretionary power of the appellant

to reject the petitioner's case, if necessary. Hence, the

appellant is free to either accept, or reject the case of

the petitioners for the grant of honorarium to them in

view of the guidelines issued by the Central Government

in the year 2013-14.


4.        For the reasons stated above, this Court does

not find any merit in the present Special Appeal. It is,

hereby, dismissed.

                     _______________________________
                     RAGHVENDRA SINGH CHAUHAN, C.J.


                                   _________________
                                  ALOK KUMAR VERMA, J.

Dt: 4th OCTOBER, 2021 Negi