1N THE HON’BLE HIGH COURT OF CHHAmSGARH AT BxLASPUR (CHHATTISGARH) WRIT PETIT10N(S) No. Aj 9 /2o1o. PETITIONER: 1. Sambooram Baghel, sory'oL - Bhq rSq Kq ha V. aged about'gj y’eirs, Ward Boy, Maharani Hogpital, Jagdalpur, Chhattisgarh. 2. Rai Singh Thakur, son of Law Jagbandho Singh Thakur, aged about . 50 years, Ward Boy, Maharani Hospital, Jagdalpur, Chhattisgarh. versus . , 1. State of Chhattisgarh, Through Secretary, Health and Family Wolfare Department, D.K.S. Bhawan, Raipur, Chhattisgarh. Respondents / 2. Deputy Director HealthServices, Sanchanalaya, Raipur, Chhattisgarh. / 3. Commissioner, Bastar Division, Jagdalpur, District Bastar, Chhattisgarh. 4. Joint Director cum Asst. Superintendent, Govt. Medical College, Maharani Hospital, Jagdalpur, Chhattisgarh. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA / I @Q@xb HIGH COURT OF CHHATTISGARH : BILASPUR > Writ Petition (S) No. 299 of 2010 Petitioners Sambooram Baghel 85 another Respondents State of Chhattisgarh 85 others Versus WRIT PETITON UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA. (SB: Hon’ble Shri Satish K. Agnihotri J.) Shri C. Jayant K. Rao, Advocate for the petitioners. Shri A. V. Shridhar, Panel Lawyer for the respondents. ORDERmmn Heard. (Passed on this 21.5t day of January, 2010) 1. By this ,t petition, the petitioners [seek a direction to the respondents/authorities to allow the petitioners to perform their duties and to pay them admissible salary from 25.5.2009. 2. Learned counsel appearing for the petitioners submits that the petitioners were working on the post of Ward Boy in Maharani Hospital Jagdalpur, District — Bastar. Owing to medical as well as family reasons the petitioners remained absent from their duties from November, 2006 to April, 2009. By order dated 25.4.2009 (Annexure P/ 1) the petitioners were directed to join their duties, with condition that, in failure, their services may be terminated. Accordingly, the petitioners joined their duties on 25.5.2009 (Annexure P/2) in the office of the respondent No.4 and submitted physical fitness certificate. According to the petitioners, since then they are continuously discharging their duties but no salary has been paid ’to'them. Thereafter, with effect from 23.8.2009 by an oral order the petitioners have been restrained from performing their duties. Being aggrieved the petitioners approached the higher authorities. By memo dated 9.9.2009 (Annexure P/3), the Deputy Commissioner, Baster Division and by order dated 9.11.2009 (Annexure P/fi), the Deputy Director, Health Service, 9V Chhattisgarh, Raipur, have directed the concerned authorities to take appropriate decision in the matter of the petitioners, allow them to perform their duties and get monthly salary but no action has been taken till date; Learned counsel further submits that by order dated 15.9.2009 (Annexure P/ 5) the Civil Surgeon, Jagdalpur was directed by the Deputy Director, Health Service, Chhattisgarh, Raipur to submit his opinion in View of the circular dated 31.7.2009 (Annexure P/6) but till date no action has been taken. Neither the petitioners are being allowed to perform their duties nor they are getting any salary. 6. On the other hand learned counsel appearing for the respondents/State submits that it is apparent that the petitioners remained unauthorizedly absent for along period, therefore, the matter in regard to disciplinary action is under consideration before the concerned authorities. 7. Be that at it may, since no order of removal or otherwise is 'passed in respect to the services of the petitioners, whereas in response to the order dated 25.4.2009 (Annexure P/l) the petitioners have joined their duties on 25.5.2009, the respondents/authorities are duty bound to pass a reasoned order in regard to the status of the petitioners. 8. In View of the above this petition stands disposed of. It is directed that the concerned/authorities shall consider and decide the case of the petitioners and may pass an appropriate order, in accordance with law within a period of 6 weeks from the date of receipt of a copy of this order. No order asto costs. -2“ we xd in , Sa/- / / SATISH K. AGNIHOTRI / Judge Thakur . v