Vijay Kumar Lahare v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 4589 OF 2021 1.

Vijay Kumar Lahare, S/o Ratiram Lahare, aged about 41 years, working as Rural Medical Assistant at Civil Dispensary Baradwar, District Janjgir Champa, R/o Gram and Post Jajang, Tehsil Sakti, District JanjgirChampa (CG) 2.

Madan Singh, S/o Shri Bachan Singh, aged about 41 years, working as Rural Medical Assistant at Primary Healthy Center Bhimbhori, Sahaspur Lohara, District Kabirdham, R/o Karanakapa, Post Chandli, Block Lormi, District Mungeli (CG) 3.

Sanjay Kumar Patley, S/o Late Shri Chhotaku Ram Patley, aged about 46 years, working at Community Health Centre, Bamhnidih, District Janjgir-Champa (CG) 4.

Lochan Prasad Divya, S/o Late Rudan Singh, aged about 44 years, working at Primary Health Centre, Bandana, R/o Village Bandora, Ward No.09, Post Bandora, Tehsil Malkharoda, District Janjgir-Champa (CG) 5.

Mahendra Kumar Patre, S/o Sadhe Zam Patre, aged about 38 years, working at Primary Healthy Center, Madheli, District Gariyaband, R/o Village Bhatapara, District Balodabazar (CG) ... Petitioners versus 1.

State of Chhattisgarh, through Secretary of Department of Public Health and Family Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur (CG) 2.

Chief Medical Health Officer, Janjgir, District Janjgir-Champa (CG) 3.

Chief Medical Health Officer, Mainpat, District Sarguja (CG) 4.

Chief Medical Health Officer, Kabirdham, District Kabirdham (CG) 5.

Block Medical Officer, Janjgir, District Janjgir-Champa (CG) 6.

Block Medical Officer, Sahaspur Lohara, District Kabirdham (CG) 7.

Block Medical Officer, Mainpat, District Sarguja (CG) 8.

Chief Medical Health Officer, Gariyaband, District Gariyaband (CG) 9.

Block Medical Officer, Chhura, District Gariyaband (CG) ... Respondents For Petitioners :

Mr. Surfaraj Khan, Advocate.

For Respondent-State :

Mr. Neeraj Pradhan, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board [21 /09/2021 ] 1.

Claim of Petitioners in the present Writ Petition is for considering their case for regularization under the Respondents. 2.

Learned Counsel for Petitioners submits that the Petitioners are discharging their duties as Rural Medical Assistant and they are posted at different parts of the State. Petitioners were duly appointed by the

Respondents as Rural Medical Assistant on contractual basis after undergoing a due selection process. Services of Petitioners were satisfactory as would be evident from the fact that their services have been continuously extended uninterrupted by the Respondents till now. 3.

Learned Counsel for Petitioners further submits that there are sanctioned vacant posts of Rural Medical Assistant available under the regular set up of the State and which are lying vacant under the Respondents and prays that the claim of Petitioners for being regularized against these vacant posts lying under the Respondents may be considered.

4.

Without expressing any opinion on the merits of the case, considering the fact that the relief of regularization as claimed by Petitioners may be granted only by the State Authorities in accordance with the policy of regularization that is available under the Respondents, the present Writ Petition at this juncture is disposed of directing Respondent No.1 to consider the claim of Petitioners in accordance with the administrative exigencies on the issue of claim of Petitioners for regularization in the regular services under the Respondents. 5.

Let appropriate decision in this regard be taken by Respondent No.1 within a period of four months from the date of receipt of copy of this Order.

6.

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