Smt. Abira Xaxa v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WRIT PETITION (S) NO. 4736 OF 2018 Smt. Abira Xaxa, W/o Shri Dilip Tirkey, aged about 26 years, occupation Service, presently working as 2nd ANM (Contract) at Primary Health Center, Murka, Block, Rajpur, District Balrampur-Ramanujganj (CG) ... Petitioner versus 1.

State of Chhattisgarh, through: the Secretary, Department of Health and Family Welfare, Mantralaya, Mahanadi Bhawan, New Raipur (CG) 2.

The Director, Directorate of National Health Mission, Indravati Bhawan, Mantralaya, New Raipur, District Raipur (CG) 3.

The Chief Medical & Health Officer, National Health Mission Balrampur, District Balrampur-Ramunjganj (CG) 4.

The Block Medical Officer, Community Health Centre, Rajpur, District Balrampur-Ramunjganj (CG) ... Respondents For Petitioner :

Mr. Rajesh Kumar Sharma, Advocate.

For Respondent-State :

Mr. Ashutosh Pandey, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 24/07/2018 1.

The issue involved in the present case is the denial of maternity benefits to the Petitioner only on the ground that she is a contractual employee. 2.

The said issue has already been decided by this Court in the case of Devshree Bandhe Vs. Chhattisgarh State Power Holding Company Ltd. & others in W.P.(S) No. 101 of 2017. The said judgment has also been reiterated in W.P.(S) No. 3365 of 2017 decided on 26.07.2017 in the case of Dr. Vijay Laxmin Chandra Vs. State of Chhattisgarh & others. 3.

Learned State Counsel fairly admits that the issue involved in the present writ petition is in fact covered by the aforesaid decision of this Court. 4.

In the light of the aforesaid judgments passed by this Court, the present writ petition also deserves to be and is accordingly allowed, with a direction to the Respondents to ensure that the Petitioner is provided with all maternity benefits at par with the Government employees.

5.

The writ petition stands accordingly finally disposed of. Sd/- (P. Sam Koshy) /sharad/ Judge