Madhya Pradesh High Court
Priyanka Kanesh vs The State Of Madhya Pradesh on 14 February, 2023
Author: Anand Pathak
Bench: Anand Pathak
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE ANAND PATHAK
ON THE 14 th OF FEBRUARY, 2023
WRIT PETITION No. 2643 of 2023
BETWEEN:-
1. PRIYANKA KANESH D/O SHRI MUKAM SINGH
KANESH, AGED ABOUT 27 YEARS, OCCUPATION:
CHO (INTERN) POSTING SHE BEGADI, BLOCK
AMBUA (ALIRAJPUR) DISTRICT ALIRAJPUR M.P.,
ADD: RINJI FALIYA VILLAGE MACHHALIYA POST
TITI, TEHSIL AND DISTRICT ALIRAJPUR
(MADHYA PRADESH)
2. MONIKA YADAV D/O SHRI DILEEPRAJ YADAV,
AGED ABOUT 26 YEARS, OCCUPATION: CHO
(INTERN) POSTING SHE-KHARSARU, BLOCK
KEOLARI, DISTRICT SEONI, ADDRESS
:JAMUNPANI, TEHSIL BHAINSDEHI, DISTRICT
BETUL (MADHYA PRADESH)
3. RUPESH PATEL S/O SHRI MANSINGH PATEL,
AGED ABOUT 35 YEARS, OCCUPATION:
CHO(INTERN) POSTING HWE JALANDRA NEW
DISTRICT BURHANPUR, BLACK SHAPUR
ADDRESS : GRAM CHANDANPURI, JILA
KHARGONE, TEHSIL KASRAWAD (MADHYA
PRADESH)
4. POOJA CHOUHAN D/O SHRI AMARSINGH
CHOUHAN, AGED ABOUT 23 YEARS,
OCCUPATION: CHO(INTERN), POSTING SUB
CENTER DEKAKUND BLOCK JOBAT DISTRICT
ALIRAJPUR, ADDRESS : TEHSIL AND BLOCK
RAMA, DISTRICT JHABUA (MADHYA PRADESH)
5. BULBUL BHURIYA D/O SHRI RAMESH BHURIYA,
AGED ABOUT 27 YEARS, OCCUPATION:
CHO(INTERN) POSTING HWC- PUNIYAWAT
BLOCK KATTHIWADA DISTRICT ALIRAJPUR
ADDRESS : GRAM KHARADU BADI, DISTRICT
JHABUA (MADHYA PRADESH)
6. RUMLI BHAYDIYA D/O SHRI BHUWANSINGH,
AGED ABOUT 24 YEARS, OCCUPATION:
2
CHO(INTERN) POSTING SHE MORASA BLOCK
ALIRAJPUR, DISTRICT ALIRAJPUR ADDRESS :
GRAM HARDAPUR, POST KHANDWA TEHSIL
JOBAT DISTRICT ALIRAJPUR (MADHYA
PRADESH)
7. SAVAN MANDLOI D/O SHRI BALIRAM MANDLOI,
AGED ABOUT 26 YEARS, OCCUPATION: CHO
(INTERN), POSTING SUB CENTER BALKHAD,
BLOCK SENDHWA, DISTRICT KHARGONE
ADDRESS OON KHURD, POST OON TEHSIL AND
DISTRICT KHARGONE (MADHYA PRADESH)
8. SATTI SALAM W/O SHRI LACHCHHU KUMAR
NARKE, AGED ABOUT 34 YEARS, OCCUPATION:
CHO (INTERN) POSTING BLOCK LATERI, HWC
OKHLIKHEDA, DISTRICT VIDISHA ADDRESS
VILLAGE GURGUNDA, P.O. BHOURA, TEHSIL
SHAHPUR DISTRICT BETUL (MADHYA PRADESH)
9. LALITA PATEL D/O NANDDIYA PATEL, AGED
ABOUT 25 YEARS, OCCUPATION: CHO (INTERN)
POSTING HWE- MORDHI BLOCK KATTIWADA,
DISTRICT ALIRAJPUR ADDRESS VILLAGE
PANWADA, POST KELI TEHSIL SEGAON DISTRICT
KHARGONE (MADHYA PRADESH)
10. ZINGALI SOLANKI D/O SHRI VERSINGH SOLANKI,
AGED ABOUT 26 YEARS, OCCUPATION: CHO
(INTERN) POSTING SHC THODSINDHI, BLOCK
AMBUA, DISTRICT ALIRAJPUR, ADDRESS GRAM
AJANDA BAZAR FALIYA, DISTRICT ALIRAJPUR
(MADHYA PRADESH)
11. KAMAL VATI DHURWEY D/O SHRI YASHVANT
KUMAR DHURWEY, AGED ABOUT 31 YEARS,
OCCUPATION: CHO (INTERN), POSTING HWC
BINJHIYA BLOCK BAMHNI BANJAR DISTRICT
MANDLA, ADDRESS GRAM JHIRIYA POST
DITHORI TAS NAINPUR DISTRICT MANDLA
(MADHYA PRADESH)
12. SHILPA HARPAL W/O SHRI PRAVESH JEEVAN,
AGED ABOUT 33 YEARS, OCCUPATION: CHO
(INTERN), POSTING SUB CENTER CHIDIYAMAL
NEW BLOCK KHAKNAR DISTRICT BURHANPUR
ADDRESS WARD NO.12 KANAPUR RYT POST
MANJRODKALAN TEHSIL KHAKNAR DISTRICT
BURHANPUR (MADHYA PRADESH)
13. PANKAJ KUMAR SHARMA S/O SHRI SHRIRAM
KUMAR SHARMA, AGED ABOUT 32 YEARS,
3
OCCUPATION: CHO (INTERN) POSTING, POSTING
SHC BAISORA KALAN NEW BLOCK KARERA
DISTRICT SHIVPURI ADD: TAH: SABALGARH
DISTRICT MORENA (MADHYA PRADESH)
14. MANJU MANDLOI D/O SHRI KISHORE KUMAR
MANDLOI, AGED ABOUT 27 YEARS, OCCUPATION:
CHO (INTERN) POSTING SHC DEEPGAONE KALAN
BLOCK KHIRKIYA DISTRICT HARDA ADDRESS
292 WARD NO.3 BAGLI DEWAS (MADHYA
PRADESH)
15. SOMWATI GOTIYA D/O SHRI BALKU LAL GOTIYA,
AGED ABOUT 35 YEARS, OCCUPATION: CHO
(INTERN) POSTING HWC SIMARIYA BLOCK
DINDORI DISTRICT DINDORI ADDRESS VILLAGE
BANO POST NIGHORI BHANPUR DISTRICT
DINDORI (MADHYA PRADESH)
16. BHARTI MASRAM D/O SHRI SUDAN SINGH
MASRAM, AGED ABOUT 34 YEARS, OCCUPATION:
CHO (INTERN) POSTING SHC MOOLDONGRI PHC
JAMTHAR CHC BIJADANDI DISTRICT MANDLA
ADDRESS VILLAGE CHARGAWON (MALL) POST
LAWAR (MUDIYA) TEHSIL NIWAS BIJADANDI
DISTRICT MANDLA (MADHYA PRADESH)
17. SANDEEP VADIVA S/O SHRI OMKAR VADIVA,
AGED ABOUT 29 YEARS, OCCUPATION: CHO
(INTERN), POSTING SHC CHHTAKALA BLOCK
HARRAI DISTRICT CHHINDWARA ADDRESS AT-
MANDAI POST KESIYA BLOCK SHAHPUR
(MADHYA PRADESH)
18. EVA MARSHNIL DAYAL D/O SHRI C.B. DAYAL,
AGED ABOUT 27 YEARS, OCCUPATION: CHO
(INTERN) POSTING DISTRICT SEONI BLOCK
LAKHNADON HWC-ATARI, ADDRESS NEAR DDC
COLLEGE, KOLADHANA CHHINDWARA (MADHYA
PRADESH)
19. MANSI PARTE D/O MOOLCHAND PARTE, AGED
ABOUT 28 YEARS, OCCUPATION: CHO (INTERN)
POSTING HWC GUDRUGHAT BLOCK KHAIRLANJI
DISTRICT BALAGHAT ADDRESS BOTHWA POST
KATEDHARA TEHSIL TIRODI DISTRICT
BALAGHAT (MADHYA PRADESH)
20. DR. ROHITASH KHEDE D/O SHRI SHRI OM
PRAKASH KHEDE, AGED ABOUT 34 YEARS,
OCCUPATION: CHO (INTERN), POSTING HWC
TURAKGURADA DISTRICT BURHANPUR BLOCK
4
BURHANPUR ADDRESS KHANDWA (MADHYA
PRADESH)
21. RASHMI DHURVE D/O SHRI AMARLAL DHURVE,
AGED ABOUT 27 YEARS, OCCUPATION: CHO
(INTERN) POSTING SUB CENTER SADAK SEONI
BLOCK CHHAPARA DISTRICT SEONI ADDRESS
AMBIKA KALONI DUNDASEONI CHHIRIYA
PALARI SEONI (MADHYA PRADESH)
22. JYOTI AWASTHI D/O SHRI SANTOSH KUMAR
AWASTHI, AGED ABOUT 33 YEARS, OCCUPATION:
CHO (INTERN) POSTING SUB CENTER
UNCHADEEH BLOCK JAWA DISTRICT REWA
ADDRESS VILLAGE NAUBASTA POST TANGHA
TEHSIL TEONTHER DISTRICT REWA (MADHYA
PRADESH)
23. JOOLI D/O SHRI BANWARI SHAKYA, AGED ABOUT
27 YEARS, OCCUPATION: CHO (INTERN) POSTING
SUB CENTER ESAH BLOCK KHADIYAR, DISTRICT
MORENA ADDRESS NARAYAN VIHAR COLONY
GOLE KA MANDIR GWALIOR (MADHYA
PRADESH)
24. BHARTI SARYAM D/O KESHRAM SARYAM, AGED
ABOUT 37 YEARS, OCCUPATION: CHO (INTERN)
POSTING DISTRICT CHHINDWARA BLOCK
HARRAI HWC CHARGON, ADDRESS BADA
POKANAHAN AREA HOSPITAL, WARD NUMBER
13 JAMAI JUNNARDEO CHHINDWARA OFFICE
HARDA (MADHYA PRADESH)
25. SHANTA KANGALE D/O SHRI RAMU KANGALE,
AGED ABOUT 28 YEARS, OCCUPATION: CHO
(INTERN), POSTING HWC NAYAPURA BLOCK
HANDIA DISTRICT HARDA ADDRESS AT CHOPAN
POST SEONI BLOCK BHAINSDEHI, DISTRICT
BETUL (MADHYA PRADESH)
26. ABHILASHA CHAUDHARI D/O SHRI SHANKAR
PRASAD, AGED ABOUT 25 YEARS, OCCUPATION:
CHO (INTERN) POSTING SUB CENTER BIGAUDI
AMARPATAN ADDRESS GRAM POST MAGRAURA
MAIHAR SATNA (MADHYA PRADESH)
27. KALEE THAKUR D/O SHRI MUKESH DAWAR,
AGED ABOUT 35 YEARS, OCCUPATION: CHO
(INTERN) POSTING HWC KANSLPIPRYA BLOCK
REHLI DISTRICT SAGAR ADDRESS GRAM VAKYA
POST DHANORA TEHSIL SENDHWA DISTRICT
BARWANI (MADHYA PRADESH)
5
28. HIRAWATI AMRE D/O SHRI GARJUN AMRE,
AGED ABOUT 33 YEARS, OCCUPATION: CHO
(INTERN) POSTING HHWC KARAN PIPARIYA
BLOCK JUNNARDEO POST MUTTOR DISTRICT
CHHINDWARA ADDRESS GRAM BILAWER KALA
POST MUTTOR TAHSIL JUNNARDEO DISTRICT
CHHINDWARA (MADHYA PRADESH)
29. SANGEETA ISDIYA D/O SHRI MADHUSINGH
ISDIYA, AGED ABOUT 25 YEARS, OCCUPATION:
CHO (INTERN) POSTING HWC DONGARGAON
BLOCK KATTIWADA DISTRICT ALIRAJPUR
ADDRESS BEHIND POLICE STATION NUNPUR
ALIRAJPUR (MADHYA PRADESH)
30. ANITA MARAVI D/O SHRI CHANDRALAL
MARAVI, AGED ABOUT 37 YEARS, OCCUPATION:
CHO (INTERN), POSTING DISTRICT SEONI BLOCK
CHHAPARA SUB CENTER MADWA ADDRESS
JAMUNTOLA BARGHAT (MADHYA PRADESH)
31. SARITA W/O SHRI HEMENDRA UIKEY, AGED
ABOUT 35 YEARS, OCCUPATION: CHO (INTERN)
POSTING KOCHEWADA WARD NO.04 TEHSIL AND
DISTRICT BALAGHAT ADDRESS VILLAGE AND
POST KOCHEWADA WARD NO.04 TEHSIL AND
DISTRICT BALAGHAT (MADHYA PRADESH)
32. ARTI DEVI KOL D/O SHRI NARAYAN PRASAD
KOL, AGED ABOUT 28 YEARS, OCCUPATION: CHO
(INTERN) POSTING HWC BHUNGAWA BLACK
JAWA DISTRICT REWA ADDRESS MAGHIGAWA
(MADHYA PRADESH)
33. VINIKA PARTETI D/O AJANLAL PARTETI, AGED
ABOUT 27 YEARS, OCCUPATION: CHO (INTERN)
POSTING NEW CHHINKHALI BLOCK
CHHAPARRA, DISTRICT SEONI ADDRESS 14 EKTA
COLONY CHANDANGOAN CHHINDWARA
(MADHYA PRADESH)
34. RAJESH KUMAR RAWAT S/O JAGAT DEV RAWAT,
AGED ABOUT 26 YEARS, OCCUPATION: CHO
(INTERN) POSTING CHUWA MAJHGAWAH
(CHITRKOOT) DISTRICT SATNA ADDRESS
PINDRA, TEHSIL MAJHGAWAH SATNA (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI SRAJAN KASHYAP - ADVOCATE)
6
AND
1. THE STATE OF MADHYA PRADESH THROUGH ITS
PRINCIPAL SECRETARY, MINISTRY OF HEALTH
AND FAMILY WELFARE, VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. MISSION DIRECTOR, NATIONAL HEALTH
MISSION, MADHYA PRADESH LINK ROAD NO.3
PATRAKAAR COLONY BHOPAL (MADHYA
PRADESH)
3. CHIEF ADMINISTRATIVE OFFICER NATIONAL
HEALTH MISSION, MADHYA PRADESH, LINK
ROAD NO.3, PATRAKAR COLONY, BHOPAL
(MADHYA PRADESH)
4. STATE NODAL OFFICER, HEALTH AND WELLNESS
CENTRE, NATIONAL HEALTH MISSION, MADHYA
PR A D ES H , 6TH FLOOR SATPUDA BHAWAN
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI A. RAJESHWAR RAO - GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The present petition has been preferred by the petitioners challenging the orders dated 09.01.2023 (Annexure P/8) passed by the respondent No.2 i.e. Mission Director, National Health Mission, Bhopal (M.P.).
I t is the grievance of the petitioners that vide impugned order dated 09.01.2023 the petitioners are informed that they were given two / three opportunities to complete course of Community Health Officers but they could not complete it, therefore, they are being relieved from their present work.
After arguing for a while, learned counsel for the petitioners fairly submitted that in the impugned order dated 09.01.2023 itself, it has been mentioned that any trainee, Community Health Officer can put forward his case 7 by way of a representation on mail I.D. of National Health Mission, Madhya Pradesh Bhopal. Therefore, the petitioners want to avail the said benefit by filing representation(s) in accordance with law. They have already preferred representation in this regard.
Learned counsel for the petitioners seeks withdrawal of this petition with liberty to agitate the grievance of the petitioners before the concerned authorities itself.
Learned counsel for the respondents has no objection to such proposition. He fairly submits that the petitioners may avail the remedy as per law.
Considering the submissions and the limited prayer made by petitioners, which is part of the impugned order dated 09.01.2023 itself, this petition is disposed of with a direction to the petitioners to prefer a detailed representation in accordance with law before the Competent Authority which shall be taken care of by the said authority as per law/guidelines and reasoned order shall be passed under due intimation to the petitioner.
It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition stands disposed of .
(ANAND PATHAK) JUDGE Vikram VIKRAM SINGH 2023.02.16 10:35:56 +05'30'