Chattisgarh High Court
Suresh Lal vs State Of Chhattisgarh 17 Wps/1739/2009 ... on 3 October, 2018
Author: P. Sam Koshy
Bench: P. Sam Koshy
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WRIT PETITION (S) NO.6535 OF 2018
Suresh Lal S/o Shri Ram Lal Aged About 31 Years Occupation - Service
(Posted As District Data Assistant At The Office Of Chief Medical And
Health Officer, Korba, District Korba Chhattisgarh. R/o Village - Didol
Bhata, P.O. Gopalpur, P.S. And Tehsil - Katghora, District Korba
Chhattisgarh.
...Petitioner(s)
Versus
1. State Of Chhattisgarh Through Secretary, Public Health And Family
Welfare Department, Mahanadi Bhawan, Naya Raipur, Revenue And Civil
District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. Directorate, Health Services, Indrawati Bhawan, Raipur, Revenue And
Civil District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. Managing Director, National Health Mission, Naya Raipur, Revenue And
Civil District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
4. Deputy Director, National Rural Health Mission, Raipur, Revenue And Civil
District Raipur Chhattisgarh., District : Raipur, Chhattisgarh
5. Chief Medical And Health Officer Korba, Revenue And Civil District Korba
Chhattisgarh., District : Korba, Chhattisgarh
... Respondent(s)
For Petitioner : Shri Rishi Sahu, Advocate. For Respondent-State : Shri Mazid Ali, Dy. Govt. Advocate.
Hon'ble Shri Justice P. Sam Koshy Order on Board 03.10.2018
1. Challenge in the present Writ Petition is to the discontinuance of the services of the petitioner by the respondents.
2. Perusal of records annexed to the writ petition would show that substantive appointment of the petitioner was that on contractual basis. Moreover, from the admission of the petitioner itself it appears that the petitioner in between had remained absent for a pretty long time though according to him on medical ground.
3. The order of appointment (Annexure P/1) clearly reflects certain conditions and rights which are available to the respondents. The 2 said conditions specifically innumerates the powers of the respondents for discontinuing of such contractual employees.
4. Given the said facts, this court in exercise of its power under Article 226 of the Constitution of India would find it difficult to issue an appropriate writ in favour of the petitioner or an appropriate direction to the respondents for re appointing the petitioner. The only remedy which the petitioner has is to move an application to the respondents for reconsidering his claim for re appointment on contractual basis and such application being made, let the respondents take an appropriate decision sympathetically considering the fact that he was suffering from some ailment in between.
5. Accordingly, the petition stands disposed of.
Sd/-
(P. Sam Koshy Judge inder