Prawara Pradeep Kulkarni v. National Health Mission Thr Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 982 Writ Petition No.5260 Of 2021 Dr. Prawara Pradeep Kulkarni .. Petitioner

Versus

National Health Mission Thr Secretary and Others .. Respondents ...

Mr S.B. Deshpande, Advocate h/f. Mr Shreyas S. Deshpande, Advocate for the Petitioner Mr R.R. Bangar, Standing Counsel for Respondent No.1 Mr S.K. Tambe, AGP for Respondent Nos.2, 3 & 5 ...

CORAM : S. V. GANGAPURWALA AND R.N. LADDHA, JJ.

DATE : 22-09-2021 PER COURT : - 1.

The petitioner seeks continuance of contractual employment as Oral Surgeon.

2.

The learned Advocate for the petitioner submits that the petitioner is similarly situated as the petitioner in Writ Petition No.5119 of 2019 decided by the Principal Seat at Bombay under the judgment and order dated 11-08-2020.

3.

The petitioner claims to be working as a Dental Surgeon under the National Oral Health Programme. It is not disputed that the Gajanan

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petitioner is similarly situated as the petitioner in Writ Petition No.5119 of 2019 decided under the Judgment and order dated 11-08-2020.

4.

In view of that and for the reasons recorded in the said judgment, we follow the same course and pass the following order.

ORDER

(i) The matter is remitted back to respondent Nos.2 and 3 to take a fresh decision regarding continuance of contractual employment of the petitioner as dental surgeon under the National Health Mission in the State of Maharashtra keeping in mind the discussions made above. Such decision, which shall be in the form of a reasoned order, shall be taken within a period of four weeks from the date of receipt of a copy of the present order, which shall be communicated to the petitioner.

(ii) Writ petition is accordingly disposed of. No costs. [ R.N. LADDHA ] [ S. V. GANGAPURWALA ] JUDGE JUDGE ...

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