Manoj Kumar Gupta v. State Of Chhattisgarh And ORS.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1344 of 2015 • Girish Banjare S/o Sukhdas Banjare Aged About 33 years R/o Qtr. No. HIG1/267, Housing Board Colony, Old Borasi, Durg, District Durg, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Health And Family Welfare, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, (Chhattisgarh)

2. Director, Health Department, Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh)

3. Chief Medical And Health Officer, District Hospital Campus, Durg, District Durg, (Chhattisgarh) ---- Respondents And WPS No. 1346 Of 2015 • Manoj Kumar Gupta S/o Bhupendra Kumar Gupta Aged About 34 years R/o. Ward No. 2, Near Sinha Dairy, Shiv Nagar, Durg, District Durg (Chhattisgrh) ---- Petitioner Vs

1. State Of Chhattisgarh Through: The Secretary- Health And Family Welfare, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur (Chhattisgarh)

2. Director, Health Department, Indravati Bhawan, New Raipur, District Raipur (Chhattisgarh)

3. Chief Medical And Health Officer, District Hospital Campus, Durg, District Durg (Chhattisgarh) ---- Respondents For Petitioners :

Shri Atanu Ghosh, Advocate For Respondents No.1 to 3/State :

Shri AV Shridhar and Shri S. Mazid Ali, Panel Lawyers for the State

Hon'ble Shri Justice Prashant Kumar Mishra Order On Board By 20/04/2015 1.

The issue pertains to equivalence of one year training course of Paramedics for appointment as Multipurpose Health Worker (Male). 2.

Learned counsel for the petitioners would submit that the issue raised in these petitions is covered by the order passed by the Division Bench on 3010-2014 in Writ Appeal No.530/2013. The following has been held by the Division Bench in the said order:- "Without pressing the appeals on merits it is submitted now that the State Government has taken a policy decision with regard to equivalence of qualification of the one year training course of Paramedics for appointment as MPHW and a clarificatory order has also been issued by the Health Department on 31.6.2013 in furtherance of Rules for appointment dated 6.7.2013, the only issue which remains for consideration is of retrospectivity for which the appellants desire to pursue the matter with the State Government. The appeals are disposed with that liberty. Any such representation filed is expected to be disposed expeditously.

Nothing in this order shall be deemed or construed as any opinion or observation on merits of the matter by us."

3.

Learned State counsel would submit that if the petitioners prefer representations, the same shall be considered, as directed by the Division Bench in Writ Appeal No.530/2013 and if their cases are found to be similar, the matters shall be dealt with similarly.

4.

In view of the above, the writ petitions are disposed of with liberty to the petitioners to pursue the matter with the State Government. Any representation filed is expected to be disposed expeditiously. 5.

Nothing in this order shall be deemed or construed as any opinion or observation on merits of the matter. Authorities shall decide the representation strictly in accordance with law. JUDGE ashu