High Court Of ChhattisgarhWPS/4933/2021disposed off

Dayaram Sahu v. State Of Chhattisgarh

2021-09-16Hon'Ble Shri Justice P. Sam Koshy3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4933 of 2021

1. Dayaram Sahu S/o Mr. Rampal Sahu, Aged About 22 Years Employed As MPW, In Dedicated Covid Hospital Mungeli, District Mungeli, Chhattisgarh, R/o Village Singhanpuri, Post Office Lagra, Tehsil Lormi, District Mungeli Chhattisgarh., District : Mungeli, Chhattisgarh

2. Dharmendra Singh Rajput, S/o Mr. Manharan Aged About 23 Years Employed As MPW In Dedicated Covid Hospital Mungeli, District Mungeli Chhattisgarh R/o Ward No. 17 Gautoyapara, Post Jhaphal, Thana Lormi, District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh

3. Yogeshwar Singh S/o Rameshwar Aged About 24 Years Employed As Mpw In Dedicated Covid Hospital Mungeli, District Mungeli Chhattisgarh R/o Village Bhaskara, Post Ramhepur, Tehsil Lormi, District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh, District : Raipur, Chhattisgarh

2. Chief Medical And Health Officer, District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh

3. Block Medical Officer, Mungeli, District Mungeli Chhattisgarh, District : Mungeli, Chhattisgarh ---- Respondent For Petitioner :

Ms. Deeksha Gouraha, Advocate.

For State :

Mr. Ayaz Naved, G.A.

Hon'ble Shri Justice P. Sam Koshy

Order On Board 16.09.2021

1. The default pointed out by the Registry as of now stands ignored.

2. With the consent of the parties the matter is heard finally and disposed off.

3. The claim of the petitioners through the present writ petitioners is for an appropriate direction to the respondents for considering their claim for being reengaged on the post of Multipurpose Workers.

4. According to the petitioners, they had participated in the earlier recruitment process for appointment as MPW on contractual basis and the tenure of the petitioners has come to an end on 01.08.2021

5. The limited claim that the petitioners make as of now is that the department still needs the services of the MPW and instead of initiating a fresh recruitment process for the said post, the respondents can consider granting re-engagment to the petitioners taking into account their past experience that they have.

6. Considering the fact that the services of the petitioners were contractual appointment appointed for a specific period in-terms-of the contract and the contract period as such having coming to an end, no specific relief or mandamus can be issued in favour of the petitioners for continuity of service. However, the petitioner would always have the right for approaching to the respondents for considering their claim for re-engagment, in case, if the department intends to have the services of more MPW.

7. Considering the past experience that the petitioner have, for which the petitioners would always be at liberty for making such representation and on such representation being made, the respondent-authorities may consider the same on its own merits in accordance with the administrative requirements or administrative exigency.

8. The writ petition accordingly stands disposed of. Sd/- P. Sam Koshy Judge J/-