/\p" ^ssf -nyi^iiri^, u>Ti1^<i<o, Rirtmy< -sJ.V>. ^.^?.^:...^.^.1. TPT^T^^TT^ .......... ^200^ ^ 3TT^^TcpTf^=Ttcp ^n^^aRN? ^?T q^SF (^c|i^6|<£;) ?^cH^R ;Hf^T 317^$T PETaTIONBR Sata|aand Siagh aged 41 years, Sou of Ram^mgh, Driver, Chief Medical Officer & Heal^Ii Officer, Office, Durg (CG) Versias HESPONDENTS 1. 3. 4. Writ Petitioa laader Aar' S.B Hoa'&le Shfi Dhireachla Mishya. J. 17.11.2008 Shri BK Chakrabarty, Smt SmitaGhai, PL f< fhis petition^ tlie p< fc 10.1That, t Cell/2007. be cjuashe^ 10.2 That, the allow the payment daied 2i benefits^ Froni the documents t±iepetitioner was appointe< Health Officer, Durg on dail} cbl^|[c641T1 HFfc^ ^ fcLcl ><FJI^<I^ ^3Tf^T3TT^^T Stste |Govemment of Chhattisgarii, Through flie Secre^ary, Public Health Department Mmistr\r, DKS $havan, Raipur (CG) 2, The pirector of Health Ser^ices^ Maiitralaya Camp|us, DKS Bhavan, Raipur (CG) Chief|Medical OfHcer & Healtli Officer, District Hospi^al, Durg (CG) Satru^haa Maiijhi, aged about 30 years, Driver ia office |of Civil Surgeon & Healtii Officer office, Diirg j]CG) jicle 226 ofthe Constitutioa otladia ^ounsel for fhe petitioner. \r the State. |titioner has prayed for fhe followiag reMef: impugned order No. Legal '8731 dated 04-10-2007 may kindly ^espondents my kindly be ordered to \petitioner to join duty and to make y the salary from the date of joining ^04-2005 with all consequential ^anexed wifh this petition, it appears that as driver in. fhe oflSce of Chief Medical & |wages from 28.10.1986 to 25.8.1989 and ^^9^saa^,^ ^:^. "^ ^3T5cT '-^i^irt^l, tp'al^-f4i<o, Rrti'<-iy<< . ^PLSJ^d- 6^%<? . ^IHrtl^HT^ 3TT^$TmTR-|Jcb ^n3n^^T5CTW 3TT^9T q^|?((jc|ij6|cjE;) W^ 200? ?^TTWr ^Tf^T 3TT^9T 2- thereafter, his services w^i CoUector between 26.8.198t reiaamed unaufhorizedly o^ Writ Petition (s) No.5188/0'} dated 11th September, 2007) s{Accordingly, this pe^ that the Director, He<^ Chief Medi<xtl and He^ in ihe matter of the permission sought by Durg from the Direct^ slw.il communicate f| peiitioner.ff petit^oner The Chief Medical & 2007 (Annexure P/l) has on the ground that the his duties w.e.f. 1993 wiUic^ driver available io. fhe offict joia, ancl whenever there is| tlie saine shaU be duly process. In view of above, in. representation of the petitio3 accordaiice with law aiid no] instaat petition being witliojuit fhe adiaission stage itself aiiji chl^frt^l^ ^l^c!)T^'fel;& ^FJI^-CI^ !|?3Tf^T3TT^?T re eniployed on the wages fixed by the to 19.4.1993. The petitioner, tl-iereafter, sent witliout prior intmiation. The earlier was disposed of by fhis Court vide order wifh tlie followuig observations: ffton is disposed of with a direction Uh Services, Raipur (CG) as also ihe ilth OjyicQr^ Durg shcdl take a dedtsion wtitioner, particularly in tight of fhe the ChiefMe(Mcal and Healih Officer, r, Health Sej-vices, Raipur (CG) and ze dedsion taken by them to the tealtli Officer vide order dated 4til October, r^jected the representation of fhe petitioner reniamed unauthorizedly absent froni ^ut aay pre-intimation, tliere is no post of ^ aad therefore, he cannot be atlowed to aay vacaacy of driver ia the departinent a^lvertised aad filled by regulai' selection pie considered opinion of fhis Court, the \.er has been decided by the respondents in |triterference is caUed for. Accordiiigly, the substaace desei-ves to be dismissed at is hereby disinissed. Sd/- Dhirendra Mishra Judge