Chattisgarh High Court
Dr. Rajesh Suryawanshi vs State Of Chhattisgarh on 17 January, 2024
Neutral Citation
2024:CGHC:1877
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 302 of 2024
• Dr. Rajesh Suryawanshi S/o Anuj Ram Aged About 47 Years Presently
Posted As Eye Surgeon (P.G.M.O.), At District Hospital Dhamtari, District
- Dhamtari, Chhattisgarh.
---- Petitioner
Versus
1. State of Chhattisgarh Through Its Secretary, Department of Health And
Family Welfare, Ministry, Mahanadi Bhawan, Capital Complex, Atal
Nagar. District - Raipur, Chhattisgarh.
2. Under Secretary Department of Health And Family Welfare, State of
Chhattisgarh Ministry, Mahanadi Bhawan, Capital Complex, Atal Nagar,
Nawa Raipur, District - Raipur, Chhattisgarh.
3. Director, Directorate of Health Services, 3rd Floor, Indrawati Bhawan,
Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh.
4. Dr. J. S. Khalsa, Eye Specialist (Contractual) District - Hospital,
Dhamtari, District - Dhamtari, Chhattisgarh.
--- Respondents
For Petitioner : Mr. Mateen Siddiqui, Advocate.
For State : Mr. S. P. Kale, Addl AG.
Hon'ble Shri Justice Arvind Singh Chandel
Order on Board
17.01.2024.
1. This writ petition has been preferred being aggrieved by impugned order dated 06.10.2023 (Annexure P-1), whereby respondent No.4 appointed on the post of 'Eye-Specialist' on contractual basis for a period of 'one year' and further posted as "Nodal Officer" to the National Programme for Control of Blindness & Visual Impairment.
2. Learned counsel for the petitioner submits that he is pressing the impugned order only in respect of posting of respondent No.4 as 'Nodal Officer' to the National Programme for Control of Blindness & Visual Impairment and not his contractual appointment on the post of 'Eye-
Neutral Citation 2024:CGHC:1877 2 Specialist'.
3. Learned counsel for the petitioner submits that in the year 2011 petitioner was initially appointed as 'Medical Officer' and thereafter regularized in the service. Since, the year 2016 petitioner is performing his duty as 'Eye-Surgeon' at District Hospital Dhamtari. Vide order dated 09.05.2023, petitioner has been given the charge of Nodal Officer to the National Programme for Control of Blindness & Visual Impairment. Subsequently, vide impugned order dated 06.10.2023, private respondent No.4 appointed as 'Eye-Specialist' on contractual basis and charge of 'Nodal Officer' to the National Programme for Control of Blindness & Visual Impairment has also given to him. As per finance guidelines/direction dated 03.02.2014 (Annexure P-3), charge of Nodal Officer to the National Programme for Control of Blindness & Visual Impairment cannot be given to respondent No.4 as he is not a regular employee. Charge given to respondent No.4 as Nodal Officer is contrary to circular dated 04.08.2011 (Annexure P-7) and also guidelines dated 07.02.2013 & 17.07.2014 (Annexure P-8 & P-9). Petitioner submitted an application/representation raising all grounds as raised in this writ petition, which has been duly forwarded to respondent No.3 by the concerned Chief Medical and Health Officer, but till date same is pending consideration. Hence, it is prayed that writ petition may be disposed of directing respondent No.3 to consider and decide the pending application/representation of petitioner in accordance with law, relevant rules and instruction/guidelines/direction referred above, at the earliest.
4. Learned State Counsel submits that he is having no objection the limited prayer made by learned counsel for the petitioner.
5. Heard learned counsel for the respective parties.
Neutral Citation 2024:CGHC:1877 3
6. Considering entire facts and circumstances of the case, limited prayer made by learned counsel for the petitioner and not opposed by learned State Counsel, without commenting on merits of the case, writ petition stands disposed of at this stage directing respondent No.3 to consider the pending application/representation of petitioner dated 29.12.2013 (Annexure P-6) in accordance with the circular/instruction/guidelines referred above and other relevant rules/circular applicable to the case of petitioner, preferably within a period of '30 days' from the date of receipt of copy of this order and to pass the reasoned order. CC as per rules.
Sd/-
(Arvind Singh Chandel) Judge J/-