Dunesh Kumari Kanwar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4285 of 2018

1. Dunesh Kumari Kanwar S/o Shri Manas Singh Kanwar Aged About 25 Years Working As Rural Health Coordinator ( Female ) / ( Anm ) ( Auxiliary Nurse Midwife ) At Sub Health Center Kuhimal Block - Mainpur Tahasil Mainpur District Gariyaband Chhattisgarh.

2. Ku. Preeti Netam D/o Shri Punau Ram Netam Aged About 24 Years Working As Rural Health Coordinator ( Female ) / ( ANM ) ( Auxiliary Nurse Midwife ) At Sub Health Center Kuhimal Block - Mainpur Tahasil Mainpur District Gariyaband Chhattisgarh. ---- Petitioners

Versus

1. State Of Chhattisgarh Through Its Secretary Department Of Health And Family Welfare Mantralaya , Mahanadi Bhawan Police Station Rakhi, Naya Raipur District Raipur Chhattisgarh.

2. The Directorate Of The Health Services , Iiird Floor, Block - A , Indirawati Bhawan Naya Raipur Chhattisgarh.

3. The Chief Medical And Health Officer , Gariyaband District Gariyaband Chhattisgarh.

---- Respondents For the Petitioners :

Shri Jitendra Nande, Advocate For the State :

Shri R.K. Gupta, Dy. Advocate General ----------------------------------------------------------------------------------------------- Hon'ble Shri Justice Sharad Kumar Gupta Order On Board /07/2018

1. Heard counsel for the parties.

2. Deputy Advocate General adopted the reply of the writ petition filed in W.P.(S) No. 4254 of 2018.

3. In para No. 7 of the reply it has been stated that the impugned order Annexure P/1 dated 05/06/2018 is nonest, ab initio and cannot be sustained. In para No. 9 the averment is that the instant petition be

disposed of with liberty to the answering respondents to reach to a final conclusion after adherence to the principles of natural justice, opportunity of hearing etc. to the petitioner or such directions, observation etc. as deemed fit by the Hon'ble Court.

4. Counsel for the petitioners is agreed that the instant writ petition may be disposed of in the light of the averments of para Nos. 7 and 9 of the reply of the respondents.

5. Looking to the above mentioned facts and circumstances of the case, Annexure P/1 dated 05/06/2018 is set-aside with liberty to the respondents to give a final conclusion after adherence to the principles of natural justice, opportunity of hearing etc. to the petitioners.

6. With this direction the instant writ petition is disposed of. Sd/- (Sharad Kumar Gupta) Judge Kamde