Vinish Joy v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 317 of 2021 Vinish Joy S/o Shri K. N. Joy, Aged About 44 Years, R/o Thana Road, Ward No.6, Kawardha, District - Kabirdham, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Health And Services Department, Mantralaya Mahanadi Bhawan, Atal Nagar, New Raipur Chhattisgarh

2. The Director, National Health Mission Chhattisgarh Raipur, New Raipur, Atal Nagar Raipur, Chhattisgarh

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

4. The Chief Executive Officer, Jila Panchayat Kawardha, District Kabirdham, Chhattisgarh ---- Respondents For Petitioner :

Mr. Anil Tawadkar, Advocate For State :

Ms. Akankshya Jain, Dy. Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 04.02.2021

1. The grievance of the petitioner in the present writ petition is to the action on the part of the respondents whereby the respondents have refused to grant joining to the petitioner though he has an order of appointment in his favour Annexure P-2 dated 23.11.2019.

2. The petitioner was appointed on the post of O.T. Technician under the scheme of National Health Mission and was posted at Community Health Centre, Pandaria, District Kabirdham. However, when the petitioner had gone to give joining at the said centre, the same was not

accepted doubting the genuineness of the mark sheet of Higher Secondary Education that the petitioner had produced. The genuineness of the said certificate was doubted on account of the same being duplicate one.

3. According to the petitioner, the original mark sheet which was issued in 1995 got stolen for which the petitioner had already preferred an FIR as early as on 02.02.1998 itself, copy of which is also enclosed along with the writ petition. According to the petitioner, thereafter he had got a duplicate certificate issued from the Board of Secondary Education, Bhopal. Thus, there was no reason for the authorities to have doubted the genuineness of the said certificate.

4. Be that as it may, since the respondents have shown their doubt so far as the genuineness of the certificate is concerned, the petitioner herein is directed to immediately approach the Board of Secondary Education which had issued the duplicate mark sheet certifying, that the said duplicate mark sheet which has been issued is a genuine one and duly issued from the said Board. Subject to the petitioner obtaining the certificate to that extent and producing the same before the concerned authorities, the respondents are directed to take an appropriate decision on the joining of the petitioner based on the order of appointment dated 23.11.2019 issued in favour of the petitioner.

5. With the aforesaid observation, the writ petition stands disposed of. Sd/- P. Sam Koshy Judge Khatai