Surendra Kumar Dewangan v. State Of Chhattisgarh,

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 3747 OF 2021 • Surendra Kumar Dewangan, S/o Ratan Lal Dewangan, aged about 43 years, R/o Quarter No. G-25, New GAD Colony, Dantewada, presently working in the Office of Additional Chief Medical Office, National Health Mission (N.H.M.), Dantewada, District South Bastar - Dantewada (C.G.) ... Petitioner versus 1.

State of Chhattisgarh, through Secretary, Health Department, Mahanadi Bhavan, Mantralya, Atal Nagar, Raipur, District Raipur (C.G.) 2.

Mission Director, National Health Mission Chhattisgarh, Atal Nagar, New Raipur, District Raipur (C.G.) 3.

Collector, District South Bastar Dantewada (C.G.) 4.

Chief Medical and Health Officer, District South Bastar Dantewada (C.G.) 5.

District Nodal Officer, T.B. Centre (Kshay Kendra), Dantewada, District Dantewada (C.G.) ... Respondents For Petitioner :

Mr. Amit Kumar, Advocate.

For Respondent-State :

Ms. Akanksha Jain, Dy. Govt. Adv.

For Respondent 2 :

Mr. C.J.K. Rao, Advocate.

Hon'ble Shri Justice P. Sam Koshy Order on Board [01 /10/2021 ] 1.

Grievance of Petitioner in the present Writ Petition is the inaction on the part of Respondents in permitting the Petitioner to discharge his duties as a contractual Lab Assistant.

2.

Learned Counsel for Petitioner submits that the Petitioner was found to be involved in a falsely implicated criminal case and was sent to Jail for roughly 75 days and therefore he could not remain present for employment. Thereafter, on getting bail when he returned to the duties, though the Respondents are taking work from him but he is not permitted to mark his presence and for the said period also he has not been paid the wages.

3.

Learned Counsel for Petitioner refers to a correspondence made by the Chief Medical and Health Officer, District South Bastar Dantewada, dated 17.6.2021 (Annexure P-8), whereby he has written a letter in respect of the joining being given to Petitioner to the Mission Director, National Health Mission, Chhattisgarh. However, till date no further decision has been received and therefore the Petitioner is facing great difficulties in making both ends meet.

4.

Learned Deputy Government Advocate on the other hand submits that since the matter is pending before the Mission Director, National Health Mission, Chhattisgarh, the present Writ Petition may be disposed of directing the said Authority to take appropriate decision at the earliest. 5.

Given the said facts and circumstances of the case, the present Writ Petition at this juncture is disposed of directing the Respondent No.2 - Mission Director, National Health Mission Chhattisgarh to take appropriate decision on the claim of Petitioner seeking joining in the Department as a Lab Technician, at the earliest. 6.

Writ Petition accordingly stands disposed of. Sd/- (P. Sam Koshy) /sharad/ Judge