Madhya Pradesh High Court
Dr. L. Shivlata vs The State Of Madhya Pradesh on 29 June, 2022
Author: Maninder S Bhatti
Bench: Maninder S. Bhatti
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IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
WRIT PETITION NO.11994/2022
Between:-
DR. BHUPENDRA SINGH YADAV
S/O SHRI G.S. YADAV, AGED ABOUT 41 YEARS,
OCCUPATION: AYUSH MEDICAL OFFICER,
GURU GOVIND SINGH WARD, DEVI WALI GALI,
DISTRICT SAGAR (MADHYA PRADESH)
AND
01. UNION OF INDIA THROUGH,
SECRETARY MINISTRY OF HEALTH AND
FAMILY WELFARE NEW DELHI (DELHI)
02. STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY MINISTRY OF HEALTH
AND FAMILY WELFARE VALLABH BHAWAN
BHOPAL (M.P.)
03. NATIONAL HEALTH MISSION (NHM) THROUGH
ITS MISSION DIRECTOR NHM BHAWAN,
LINK ROAD NO. 3, PATRAKAR COLONY,
BHOPAL (MADHYA PRADESH)
04. CHIEF HEALTH AND MEDICAL OFFICER
SAGAR DISTRICT SAGAR M.P.
&
Following Connected writ petitions
WP/07697/2022,WP/07913/2022,WP/07921/2022,WP/07936/2022,
WP/07937/2022,WP/08668/2022,WP/08695/2022,WP/08696/2022,
WP/08721/2022,WP/08740/2022,WP/8761/2022,WP/08790/2022,
WP/08793/2022,WP/08796/2022,WP/08853/2022,WP/08857/2022,
WP/08876/2022,WP/08943/2022,WP/09015/2022,WP/09061/2022,
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WP/09119/2022,WP/09122/2022,WP/09193/2022,WP/09272/2022,
WP/09302/2022,WP/09306/2022,WP/09329/2022,WP/09405/2022,
WP/09450/2022,WP/09451/2022,WP/09452/2022,WP/09463/2022,
WP/09466/2022,WP/09530/2022,WP/09531/2022,WP/09533/2022,
WP/09537/2022,WP/09698/2022,WP/09797/2022,WP/09879/2022,
WP/10057/2022,WP/10110/2022,WP/10148/2022,WP/10235/2022,
WP/10252/2022,WP/10255/2022,WP/10257/2022,WP/10258/2022,
WP/10259/2022,WP/10262/2022,WP/10265/2022,WP/10378/2022,
WP/10379/2022,WP/10380/2022,WP/10383/2022,WP/10384/2022,
WP/10385/2022,WP/10402/2022,WP/10522/2022,WP/11493/2022,
WP/11769/2022,WP/11926/2022,WP/11995/2022,WP/12261/2022,
WP/12416/2022, WP/12506/2022, WP/7740/2022, WP/9324/2022,
WP/13521/2022, WP/13572/2022, WP/12226/2022
Appearance : Shri Dharmendra Soni, Shri Anurag Sahu, Shri Vijay Kumar
Shukla,Shri Sanjay Ram Tamrakar, Shri Jitendra Kumar Tiwari, Shri Anshul
Tiwari, Shri Rajeev Mishra, Shri Sandeep Singh Baghel, Shri Rajmani
Mishra, Shri Jai Shukla, Shri Ravi Shankar Yadav, Shri Ajit Kumar Singh,
Shri Pradeep Naveria, Shri Om Prapash Dwivedi, Shri Rakesh Dwivedi,
Shri K.N. Bundela, Shri Bramhanand Pandey, Shri Akash Choudhary, Ms.
Arti Dwivedi, Shri Aditya Sanghi and Shri B.P. Yadav, Advocates for
petitioners.
Shri B.D. Singh, Govt. Advocate for respondents/State.
Shri Satyam Agrawal, Advocate for National Health Mission.
_____
This bunch of writ petition coming on for admission this day,
the Court passed the following:
ORDER
[Order pronounced on 29th day of June, 2022] Heard finally with the consent of the parties.
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2. Regard being to the similitude of prayers and considering the commonality of issues involved in these writ petitions, they were heard analogously and are being disposed of by a common order. For the sake of clarity and convenience, the facts of W.P. No.7913/2022 are being taken into consideration.
3. The facts reveal that pursuant to Circular dated 25-03-2020 issued by issued by the Directorate of Health Services, Govt. of M.P., Bhopal Collectors of Districts spread over in the State of M.P., were delegated the power to procure human resources like rapid response teams, doctors/staff nurses/paramedical staff to deal with COVID-19 pandemic. Thereafter, advertisement was issued and pursuant to the advertisement petitioners also applied for appointment and they were also appointed against the posts described in the cause title. Averments further reflect that the petitioners have completed about 2 years in service and now the respondents have issued the Circular, dated 28-03-2022 by which, services of the petitioners have been dispensed with, on the ground of non-availability of budget. The order dated 28-03-2022 issued by the National Health Mission is the subject- matter of challenge in the present bunch of writ petition.
4. Learned counsel appearing for petitioners submit that though a Co-ordinate Bench of this Court in W.P. No.11096/2022 [Ashta Dubey vs. 4 State of M.P. and others], wherein challenge was made to the same impugned order dated 28-03-2022, issued by the Director, National Health Mission, has dismissed the writ petition vide order dated 17-05-2022, however, it is strenuously urged that there is another ground which has been raised in the present writ petitions with regard to replacement of one set of contractual employees by another set of contractual employees.
5. In one of the writ petitions of this bunch, it is also contended that the Projects under which they were engaged, are still continuing. Thus, petitioners urge that the order passed by the Co-ordinate Bench in Asthta Dubey (supra) is distinguishable.
6. Per contra, learned counsel appearing for respondents submit that the entire grounds raised at the instance of the employees have been dealt with by the Co-ordinate Bench in the order passed in Asthta Dubey (supra) against which a writ appeal has been preferred which is pending consideration and no order has been passed therein. The respondents submit that the petitioners shall be given extra 10% marks for their experience in future contractual employment as per Circular dated 24-5-2021 issued by National Health Mission, but they have no right to claim continuity in service.
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7. Heard learned counsel appearing for the parties and bestowed anxious consideration on the arguments advanced by the parties.
8. Before the Co-ordinate Bench a specific ground was raised that one set of employees are being replaced by another set of employees. This contention was dwell upon by the Co-ordinate Bench in Ashta Dubey (supra), which is evident from a bare perusal of the operating paragraph of the order. The Co-ordinate Bench categorically held, that the petitioner has not been able to demonstrate her right to continue on the post and since the appointment of the petitioner was in the form of temporary employment on contract basis, therefore, she has no right to continue on the post and hence, the petition was dismissed. The Co-ordinate Bench upon consideration of entire grounds dismissed the petition including those which are being sought to be agitated herein in this batch of writ petitions.
9. In the considered view of this Court since the Co-ordinate Bench has already dealt with the issue in Ashta Dubey (supra), the stand taken at the instance of employees and the grounds which are being agitated in these writ petitions have also been elaborately taken note of by the Co- ordinate Bench in Ashta Dubey (supra), this Court is not inclined to entertain the present writ petitions.
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10. Accordingly, the present petitions deserve to and are hereby dismissed without any order as to costs.
(MANINDER S. BHATTI ) JUDGE ac.
AJAY KUMAR Digitally signed by AJAY KUMAR CHATURVEDI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482001, st=Madhya Pradesh, 2.5.4.20=3796e6c1d0b4cce5f8c8561cdbb3a238176d46898b715c1662ee8b05eed57eb0, CHATURVEDI pseudonym=7812D41F1F531DBC0B9219827A0B19AAEAA0618E, serialNumber=C8EAAC30EFBB2F0C7E41AE53BEEC562C515B38978E4597AA3C73D309F0F1FBB9, cn=AJAY KUMAR CHATURVEDI Date: 2022.06.30 18:01:30 +05'30'