CV \ 0 9% § IN THE HIGH COURT OF JUDICA’IURE BILASPUR (C.G.) w.p No. 4bd0}? 0004 BETWEN ,r C.s. Patel s/o Butu Ram Patel, aged about 53 years, i, occupation Vaccinatcr/Multi Purpose Worker in the Health Departmefgt$ C.HC‘. Chample district Raigarh (CG). I" . u R PETITIONE . R . , e. «(MA Q/ \ AND Tne state of chhattlsgarh, through the Secretary Health Department, Matralay ,Raipur, D.K.S. Building Ralpur. §E§Ex¥ Director, Health services, 0/0 Directorate Health ServiceS, Chhattisgarh, Raipur (CG) . Chiefi Medical O££icer, Raigarh . Block Medical OzEflcer, @)/%\aswm 3/ WRIT PETITION UNDER ARTICLES 226/227 OF TIE CONsTITUTION OF INDIA ,§%@%rlmary Health Centre Chaple, Distmct Ralgarh (CG). ,” 2 RESPONDENTS ,lm @ HIGH COURT OF CHHATTISGARH AT BILASPUR WP. No. 403 of 2004 Petitioner : C. S. Patel Versus Respondents : State of Chhattisgarh 8r. others Single Bench: Hon’blc Mr. Justice Satish K. Agnihotri. Shri Sunil Sahu, counsel for the petitioner. Smt, Anju Abuja, Deputy Government Advocate for the State. O R A L O R D E R (15‘ August, 2006) The petitioner was appointed as Vaccinator on 13.3. 1971 under $mall Pox Eradication Programme. As per circular dated 20.6.1984 (Annexure P—I) the Vaccinator was called as Multi Purpose Worker (Male) and Prasavika (ANM) was called as Mahila Swasth Kalyakaxta. 2, The State/respondents by circular dated 4.4.1989 (Annexme P—2) declared policy of the Government that the employees who were appointed as Swasth Sahayak before 1.4.1983 would be designated as Supervisor and other employees would be Mulii Purpose Worker. The petitioner seeks relief 1'11 this petition, that the petitioner he declared as Supervisdrwand he granted pay scale of Supervisor, in View of the 'circular dated 4.4.1989 (Annexure P~2). The State/respondents 1‘11 their return have submitted that according to the letter dated 4.4.1989 all the Health Assistants appointed before 1.4.1983 by the Government, und§¥;:,'Multi N'é‘. 34 Purpose Scheme wsre considered as Supervisor. It was further stated that the Health Assistants were holding high post with higher pay scale, than that of Vaccinator under Small Pox Eradication Programme. The petitioner was appointed as Vaccinator under National Small Pox Eradication Programme and was treated as Multi Purpose Worker under circular dated 20.6. 1984. Thus the petitioner was not entitled to be declared as Supervisor under circular dated 4.4, 1989 (Annexure P-2). 4. Having heard learned counsel for the parties and having perused the records appended to the petition, it is evident that the petitioner was appointed as Vaccinator in National Small Pox Eradication Programme in March 1971 and the petitioner was not Health Assistant but Multi Purpose Worker under circular dated 20.6. 1984 (Annexure P- 1), relied on by learned counsel for the petitioner. The second circular dated 4.4.1989 (Annexure P— 2), on which the learned counsel lays emphasis for the purpose of declaring him as Supervisor as sought for in this petition, makes it very clear that only Health Assistants appointed prior to 1.4. 1983 be declared as Supervisor. 5. Accordingly, this petition is devoid of merit and liable to he and is dismissed. No order as to costs. Sd/- Satish .K. Agnihotri " > Judge Qau’”