—B s' ^^ Slrsg3©i§ IN THE HON'BLE HIGH COURT OF CHHAmSHGARH AT BILASPUR (C.G.) W.P. (S) No. '3'3 ^3 2011 PETITIONER .. Padmani Banjare, aged 50 years Wife of Shri M.L. Banjare, A.N.M., Primary Health Centre, Mar-kanitola, k ^ ttl.-A"^:^""^-' Community Health Centre <^ .-.-:"^v- ..-••' »" ^^•-^Y} (<»•••"' Khairagarh, Distt. Rajnandgaon C.G. VERSUS ^ev RESPONDENTS.. 1: The State Government of Chhattishgarh Through the Secretaiy, Health and Parivar Kalyan Mantralaya, D.K.S. Bhavan, Raipur C.G. ,<'»ii,wi,s,i;.^ //.y^--—-^s' ^'' 2. Director, Public Health Services, Mantralaya Campus, Raipur C.G. ^"' 3. Mukhya Chikitsa 85 Swasthaya Adhikari District Rajnandgaon C.G. ./' 4. Ku. Ragini Khaparde, Mahila Swasthaya Karyakarta, Primary Health Centre, Mudhipar, Conimunity Health Centre, Khairagarh. 5. Ku. Sultana Begum aged about 30 Son of late Shri Mumtaj Ahmed Khan, A.N.M., Primary Health Centre, Sukul Daihan, Community Health Centa-e, Qhumka, District Rajnandgaon. C.G. WRIT PETITION UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT OF MANDAMUS 1 311^1^1 frTRT ?TSTT Sn^T Sh*iE<ft -Jt' 3-^ 7ST ^)|A||(-1<4, 0iTfly'16, [s|(<)l'M^< ^.....^£j^...l.S3.^.^ s?K?i TR?T (>lc<lj'!<<i?) TOIIW ^lftd 311^1 SB : EHon'ble Shri Maniudra .6. Shri Sonikant Verma, Shri Y.S. Thalarr, Dy. advance copy. Heard on admission. Leamed counsel for fhe| was appointed on contract b^ year 1999 and thereafter continued. He furtfaer subm; representation for regular continuation and vi.de memo Health Officer (C.M.H.O.), R| special duty that instructionq Health Services relating to counsel for fhe petitioner ^ decision has been taken in for regular appotntment; nov^ order dated 31.5.2011 EAnne?i| appointament of the petitioner Leamed. counsel for thel of fhe petitioner is finally could not have been cdunsel terminaKed cfti*it<n<i1i +iH<?ii ^T fs^ ^•<^.1< ^affinsn^T ^sJ. unsel for the petitioner. Advocate General for the State, on jpetitioner submits fhat the petitioner fesis as Woman Health Worker in the (he services of the petitioner were tts that the petitioner had moved a ^ointment on the basis of such lon! Idated 3.5.2010, the Chlef Medical & jynandgaon; informed the officer on have been sought from fhe Director, |±ie case of the petitioner. Leamed tubmits that even though no final case of the petitioner on her ciaim the C.M.H.O. has issued impugned P-l'i to the effectthat the contract f??iU come to an end on 1.7.2011. lpet.ition.er submits that imtil the case 1, fhe services of the petitioner and the im.ougnbd order is lUegal. tDie nexfcu-e dtcided, 33 XI-HG- SfKS w h-V* Tiaiian^TWiiNi- Rrasreen 3^r -iii<4iciA|, si-tilyKo, fqdi'yy ^^..^.^....33.y5.(.;.!.. T^?C anB He further submits fhat the p< to work on contract basis years of age and has crossec^ compete in any competitive e^ recruj.tmen.t. It is not tn dispute contract basis tn fhe vear 19( that the petitioner has been recruitment. Moreover, it has Court fhat fhere is any policy employees like the petitionerj case of Secretary, State of fhfat Therefore, I aiu not in^lir which the contract appointmefnt to be termmated w.e.f. 1.7.120 pursue her case piirsuant to With tlie aforesaid disposed of. • (2006) 4 SCC 1 <*l<4l^B(h '^TR^ff ^f 'fSt^ <1»i^$l< ^sifgiian^i ititioner has been allowed to continue now fhe petitioner has attatned 47 the upper age limit. and not. able to amtnation for appointment of regular fhe petitioner was appointea on S9. It is not the case of the petitioner j;lected throiigh any regular prdcess of |not been bTought to the notice of this jof regularization in respect ofclass of in the Ught of fhe judgment in the & Ors. Vs. Uma Devi (31 & in41ined to interiere, wifh the order by of fhe petitioner has been directed .|2011. However, the petitioner may diemo dated 3.5.2010 (Annexure P-5). ol|)servations, the petition is nnally Sd/- Manindra Mohan Shrivastava Judge