Chattisgarh High Court
Vyas Narayan vs State Of Chhattisgarh on 27 September, 2017
Author: Sanjay K. Agrawal
Bench: Sanjay K. Agrawal
W.P.(S)No.2508/2016
and other connected matters
Page 1 of 77
AFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WPS No. 2508 of 2016
Order reserved on: 19-9-2017
Order delivered on: 27-9-2017
Devnath Dewangan S/o Shri Tijuram Dewangan, Aged about
37 years, Occupation Service presently posted and working as
Multi Purpose Health Worker at Sub Health Center, Kasda,
P.S. Hathband, Block Simga, Civil & Revenue District Baloda
Bazar- Bhatapara, Chhattisgarh, R/o Village Kesla, P.S.
Kharora, Civil & Revenue District Raipur Chhattisgarh.
---- Petitioner
Versus
1. State of Chhattisgarh Through Secretary, Department of
Health, Mahanadi Bhawan, Mantralaya, Naya Raipur, Post
Office & Police Station Naya Raipur, District Raipur
Chhattisgarh.
2. Director, Health Services, Directorate Health Services, 3rd
Floor, Indravati Bhawan, New Raipur, District Raipur
(Chhattisgarh).
3. Collector, Baloda Bazar, District Baloda Bazar (Chhattisgarh).
4. Chief Medical and Health Officer Baloda Bazar, District Baloda
Bazar (Chhattisgarh).
---- Respondents
WPS No. 3018 of 2016
Meena Sahu W/o Daulat Ram Sahu, Aged about 35 years, R/o Village & Post Datrenga, Thana & Tahsil Bhatapara & Distt Baloda Bazar- Bhatapara, (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Services Mahanadi Bhawan, Naya Raipur, Post Office & Police Station Naya Raipur, Distt. Raipur, (Chhattisgarh).
2. Director, Directorate of Health Service, Block-1, Indrawati Bhawan, 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur, Distt. Raipur, (Chhattisgarh).
3. The Collector, Collectorate, District Baloda Bazar- Bhatapara, (Chhattisgarh).
W.P.(S)No.2508/2016and other connected matters Page 2 of 77
4. Chief Medical & Health Officer, Raipur, Thana Raipur, District Raipur, (Chhattisgarh).
5. Chief Medical & Health Officer, Baloda Bazar, District & Thana Baloda Bazar- Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2845 of 2016 Mukesh Patel S/o D. R. Patel, Aged about 24 years, R/o Village Kukurdeeh, Post & Thana Palari, Tahsil & Distt. Baloda Bazar Bhatapara, (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Services Mahanadi Bhawan, Naya Raipur, Post Office & Police Station Naya Raipur, Distt. Raipur, (Chhattisgarh).
2. Director, Directorate of Health Services, Block-1, Indrawati Bhawan, 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur, Distt. Raipur, (Chhattisgarh).
3. The Collector, Collectorate, District Baloda Bazar Bhatapara, (Chhattisgarh).
4. Chief Medical & Health Officer, Raipur, District Raipur, Thana Raipur, (Chhattisgarh).
5. Chief Medical & Health Officer, Baloda Bazar, District & Thana Baloda Bazar- Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2527 of 2016 Prakash Singh Dhruv S/o Utkal Dhruv, Aged about 35 years, Occupation- Service (Ward Boy), R/o Gordkhapri, Tehsil and District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur, (Chhattisgarh).
2. The Director, Directorate of Health Services, Block- I, Indrawati Bhawan, 3rd Floor, Naya Raipur, District Raipur, (Chhattisgarh).
W.P.(S)No.2508/2016and other connected matters Page 3 of 77
3. The Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
4. The Chief Medical & Health Officer, Razipour, District Raipur, (Chhattisgarh).
5. The Chief Medical & Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2537 of 2016 Rebika Masih Nath W/o Shri Suhem Nath, Aged about 41 years, Occupation Service (Peon), Ro Mission Parsabadher, Post and Tahsil Baloda Bazar District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur Chhattisgarh.
2. The Director, Directorate of Health Services, Block I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. The Chief Medical and Health Officer, Raipur, District Raipur Chhattisgarh.
5. The Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Chhattisgarh.
---- Respondents WPS No. 2658 of 2016 Gurudatta Kannouje S/o Shri Jhaluram Kannouje, Aged about 25 years, Occupation Service (Driver), R/o Balsamund Road Palari, Post Palari Thana and Tahsil Palari, District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur Chhattisgarh.
2. The Director, Directorate of Health Services, Block I, Indrawati W.P.(S)No.2508/2016 and other connected matters Page 4 of 77 Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. The Chief Medical and Health Officer, Raipur, District Raipur Chhattisgarh.
5. The Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Chhattisgarh.
---- Respondents WPS No. 2539 of 2016 Smt. Savitri Verma W/o Prabhu Ram Verma, Aged about 36 years, Occupation- Service (Aaya), R/o Village- Koriha, Post and P.S. Lawan, District- Baloda Bazar-Bhatapara (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through- The Secretary, Department of Health, Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District- Raipur (Chhattisgarh)
2. The Director, Directorate of Health Services, Block- I, Indrawati Bhawan, 3rd Floor, Naya Raipur, District- Raipur (Chhattisgarh).
3. The Collector, District- Baloda Bazar- Bhatapara (Chhattisgarh).
4. The Chief Medical & Health Officer, Raipur, District- Raipur (Chhattisgarh).
5. The Chief Medical and Health Officer, Baloda Bazar, District- Baloda Bazar- Bhatapara (Chhattisgarh).
---- Respondents WPS No. 2885 of 2016 Nand Ram Paikra S/o Shri Amar Singh Paikra, Aged about 31 years, Occupation Service (Ward Boy), R/o Village and Post Amakhoha, Tehsil Kasdol, District Baloda Bazar - Bhatapara, Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Thorugh Secretary, Department of Health Mahanadi Bhawan, Capital Complex, Secretariat, Naya W.P.(S)No.2508/2016 and other connected matters Page 5 of 77 Raipur, District Raipur Chhattisgarh.
2. The Director, Directorate of Health Services, Block 1, Indrawati Bhawan, 3rd Floor, Naya Raipur District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. The Chief Medical & Health Officer, Raipur, District Raipur Chhattisgarh.
5. The Chief Medical & Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2656 of 2016 Rajesh Yadu S/o Rewa Ram Yadu, Aged about 31 years, Occupation Service Class IV (Dresser- 2) R/o Village Rohra, Police Station Bhatapara, Tehsil Simga, District Baloda Bazar Bhatapara, Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health, Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur (Chhattisgarh).
2. The Director, Directorate of Health Services, Block- I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. Chief Medical & Health Officer, Raipur, District Raipur Chhattisgarh.
5. The Chief Medical & Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2558 of 2016 Thakesh Kumar Verma S/o Shri Khagesh Ram Verma, Aged about 27 years, Occupation-Service (Munltipurpose Health Worker), R/o Village Parsa Pali Police Station Kasdol, District Baloda Bazar, Bhatapara, Chhattisgarh Civil & Revenue District Baloda Bazar Chhattisgarh.
---- Petitioner W.P.(S)No.2508/2016 and other connected matters Page 6 of 77 Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur Chhattisgarh.
2. The Director, Directorate of Health Services, Block- I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. The Chief Medical and Health Officer, Raipur, District Raipur Chhattisgarh.
5. The Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Chhattisgarh.
---- Respondents WPS No. 2569 of 2016 Chitrarekha Sonwani W/o Shri Champeshwar Sonwani, Aged about 34 years, Occupation-Service (Peon), R/o Saktipara Ward No. 5, Baloda Bazar, Post & Tehsil Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur Chhattisgarh.
2. The Director, Directorate of Health Services, Block I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. The Chief Medical and Health Officer, Raipur, District Raipur Chhattisgarh.
5. The Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Chhattisgarh.
---- Respondents WPS No. 2572 of 2016 Ashish Kumar Verma S/o Shri Ashok Kumar Verma, Aged about 26 years, Occupation-Service Class IV, R/o Village Aatari, Post Patan, Tehsil Patan, District Durg Chhattisgarh.
---- Petitioner W.P.(S)No.2508/2016 and other connected matters Page 7 of 77 Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur Chhattisgarh.
2. The Director, Directorate of Health Services, Block-I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. The Chief Medical and Health Officer, Raipur, District Raipur Chhattisgarh.
5. The Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Chhattisgarh.
---- Respondents WPS No. 2625 of 2016 Sanjay Kumar Joshi S/o Kashiram Joshi, Aged about 24 years, Occupation- Service (Sweeper), R/o Village Purenakhapri, Baloda Bazar District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur Chhattisgarh.
2. The Director, Directorate of Health Services, Block- I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. The Chief Medical and Health Officer, Raipur, District Raipur Chhattisgarh.
5. The Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Chhattisgarh.
---- Respondents WPS No. 2557 of 2016 Kuldeep Kumar Sahu S/o Pannalal Sahu, Aged about 30 years, Occupation- Service (Peon), R/o Village Daurenga, Post Rohra, Tehsil Simga, Police Station Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh.
W.P.(S)No.2508/2016and other connected matters Page 8 of 77
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur Chhattisgarh.
2. The Director, Directorate of Health Services, Block I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. The Chief Medical and Health Officer, Raipur, District Raipur Chhattisgarh.
5. The Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Chhattisgarh.
---- Respondents WPS No. 2579 of 2016 Smt. Gouri Verma W/o Kishore Verma, Aged about 30 years, Occupation- Service (Aaya), R/o Village Udhan, Post Palari, Police Station Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur Chhattisgarh
2. The Director, Directorate of Health Services, Block I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. The Chief Medical and Health Officer, Raipur, District Raipur Chhattisgarh.
5. The Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Chhattisgarh.
---- Respondents WPS No. 2564 of 2016 Hemant Kurrey S/o Shri Sonadas Kurrey, Aged about 37 years, Occupation- Service (Ward Boy), R/o Village Paraswani, Bhatapara, District Baloda Bazar, Bhatapara Chhattisgarh.
W.P.(S)No.2508/2016and other connected matters Page 9 of 77
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur Chhattisgarh.
2. The Director, Directorate of Health Services, Block- I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. The Chief Medical and Health Officer, Raipur, District Raipur Chhattisgarh.
5. The Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Chhattisgarh.
---- Respondents WPS No. 2575 of 2016 Hemlal Yadav S/o Shri Goverdhan Yadav, Aged about 32 years, Occupation Service (Sweeper), R/o Village Lamidih, Block Pithora, District Mahasamund Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur Chhattisgarh.
2. The Director, Directorate of Health Services, Block-I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. The Chief Medical and Health Officer, Raipur, District Raipur Chhattisgarh.
5. The Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Chhattisgarh.
---- Respondents WPS No. 3178 of 2016 Indra Kumar Verma S/o Shri Pawan Kumar Verma, Aged about 25 years, Occupation Peon, R/o Village Korda, Post Lavan, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Petitioner W.P.(S)No.2508/2016 and other connected matters Page 10 of 77 Vs
1. State of Chhattisgarh Through The Secretary, Department of Health, Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur, (Chhattisgarh).
2. The Director, Directorate of Health Services, Block- I, Indrawati Bhawan, 3rd Floor, Naya Raipur, District Raipur, (Chhattisgarh).
3. The Collector, District Baloda Bazar-Bhatapara, (Chhattisgarh).
4. The Chief Medical & Health Officer, Raipur, District Raipur, (Chhattisgarh).
5. The Chief Medical & Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara (Chhattisgarh).
---- Respondents WPS No. 2578 of 2016 Manish Sahu S/o Birju Sahu, Aged about 28 years, Occupation Service Class IV, R/o Krishna Vihar Colony Saktipara Baloda Bazar, Post and Tahsil Baloda Bazar District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur Chhattisgarh.
2. The Director, Directorate of Health Services, Block-I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. The Chief Medical and Health Officer, Raipur, District Raipur Chhattisgarh.
5. The Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar - Bhatapara Chhattisgarh.
---- Respondents WPS No. 2573 of 2016 Ashwani Joshi D/o Kashiram Joshi, Aged about 24 years, Occupation- Service (Aaya), R/o Village Purenakhapri, Police Station Baloda Bazar Post Risda, Tahsil Baloda Bazar District W.P.(S)No.2508/2016 and other connected matters Page 11 of 77 Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur Chhattisgarh.
2. The Director, Directorate of Health Services, Block-I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. The Chief Medical and Health Officer, Raipur, District Raipur Chhattisgarh.
5. The Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Chhattisgarh.
---- Respondents WPS No. 2566 of 2016 Rajesh Kumar Som S/o Laxminath Som, Aged about 45 years, Occupation Service Class IV, R/o Village Malhari, Post Khamariya, Tahsil Nagri, District Dhamtari Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur Chhattisgarh.
2. The Director, Directorate of Health Services, Block-I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. The Chief Medical and Health Officer, Raipur, District Raipur Chhattisgarh.
5. The Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar - Bhatapara Chhattisgarh.
---- Respondents WPS No. 2536 of 2016 Bhuwan Lal Yadav S/o Mayalal Yadav, Aged about 36 years, Occupation Service Class IV R/o Village Ghunchapali, Bagbahara, Police Station Bagbahara, Post Ruchapali, District Mahasamund Chhattisgarh W.P.(S)No.2508/2016 and other connected matters Page 12 of 77
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur Chhattisgarh.
2. The Director, Directorate of Health Services, Block-I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. The Chief Medical and Health Officer, Raipur, District Raipur Chhattisgarh.
5. The Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Chhattisgarh.
---- Respondents WPS No. 2574 of 2016 Thanwar Ram Sahu S/o Ramji Sahu, Aged about 42 years, Occupation Class- IV Employee (Lab Attendant / OT Attendant), R/o Village Daldal Seoni, Post Saddu, Shivaji Nagar, Near Electricity Officer Raipur, District Raipur Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur Chhattisgarh
2. The Director, Directorate of Health Services, Block-I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. The Chief Medical and Health Officer, Raipur, District Raipur Chhattisgarh.
5. The Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Chhattisgarh.
---- Respondents WPS No. 2568 of 2016 Shankar Lal Sahu S/o Shri Badri Prasad Sahu, Aged about 23 years, Occupation-Lab Attendant, R/o Village and Post Damru, District Baloda Bazar Bhatapara Chhattisgarh.
W.P.(S)No.2508/2016and other connected matters Page 13 of 77
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur Chhattisgarh.
2. The Director, Directorate of Health Services, Block-I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. The Chief Medical and Health Officer, Raipur, District Raipur Chhattisgarh.
5. The Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar - Bhatapara Chhattisgarh.
---- Respondents WPS No. 2636 of 2016 Smt. Taruna Tiwari W/o Shri R.K. Tiwari, Aged about 40 years, Occupation Service (Aaya), R/o Kamar Colony, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Thorugh The Secretary, Department of Secretary Department of Secretary, Department of Health, Mahanadi Bhawan Capital Complex, Secretariat, Naya Raipur, District Raipur Chhattsigarh
2. The Director, Directorate of Health Services, Block-I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. The Chief Medical and Health Officer, Raipur, District Raipur Chhattisgarh.
5. The Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar - Bhatapara Chhattisgarh.
---- Respondents WPS No. 2991 of 2016 Khushbu Yadav D/o Pardeshi Yadav, Aged about 26 years, R/o Village & Post Khatiapati, Thana & Tahsil & Distt. Baloda Bazar Bhatapara (Chhattisgarh).
---- Petitioner W.P.(S)No.2508/2016 and other connected matters Page 14 of 77 Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Services Mahanadi Bhawan Naya Raipur Post Office & Police Station Naya Raipur Distt. Raipur (Chhattisgarh).
2. Director, Directorate of Health Services, Block-1 Indrawati Bhawan 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur, Distt. Raipur (Chhattisgarh).
3. The Collector, Collectorate District Baloda Bazar Bhatapara (Chhattisgarh).
4. Chief Medical & Health Officer Raipur, District Raipur, Thana Raipur (Chhattisgarh).
5. Chief Medical & Health Officer Baloda Bazar, District & Thana Baloda Bazar - Bhatapara Chhattisgarh.
---- Respondents WPS No. 2997 of 2016 Mahesh Kumar S/o Babulal Aged about 29 years, R/o Village Nayapara, Azad Chowk, Post & Thana & Tahsil & Distt. Baloda Bazar Bhatapara (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Services Mahanadi Bhawan, Naya Raipur Post Office & Police Station Naya Raipur Distt. Raipur (Chhattisgarh).
2. Director, Directorate of Health Services, Block- 1 Indrawati Bhawan 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur, Distt. Raipur (Chhattisgarh).
3. The Collector, Collectorate District Baloda Bazar Bhatapara (Chhattisgarh).
4. Chief Medical & Health Officer Raipur, District Raipur (Chhattisgarh).
5. Chief Medical & Health Officer Baloda Bazar District & Thana Baloda Bazar Bhatapara (Chhattisgarh).
---- Respondents WPS No. 3251 of 2016 Surendra Kumar Sahu S/o Gajendra Kumar Sahu, Aged about 26 years, R/o Occupation-Service Multipurpose Health W.P.(S)No.2508/2016 and other connected matters Page 15 of 77 Worker, R/o Village and Post Matiya, Tahsil Kasdol, District Baloda Bazar Bhatapara, Chhattisgarh, Civil and Revenue District Baloda Bazar Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Mahanadi Bhawan, Capital Complex, Secretariat, Naya Raipur, District Raipur Chhattisgarh.
2. The Director, Directorate of Health Services, Block 1, Indrawati Bhawan 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. The Chief Medical & Health Officer, Raipur, District Raipur, Chhattisgarh.
5. The Chief Medical & Health Officer. Baloda Bazar, District Baloda Bazar - Bhatapara Chhattisgarh.
---- Respondents WPS No. 2521 of 2016 Harpal Singh Banjare S/o Ganesh Ram Banjare, Aged about 35 years, R/o Village Khaira, Tahsil Baloda Bazar, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through: The Secretary, Health Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, (Chhattisgarh).
2. Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
3. Joint Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
4. Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
5. Joint Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
6. Chief Medical and Health Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
7. Chief Executive Officer, Zila Panchayat, District Baloda Bazar W.P.(S)No.2508/2016 and other connected matters Page 16 of 77 Bhatapara, (Chhattisgarh).
8. District Treasury Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2522 of 2016 Abdul Azam Khan S/o Abdul Sattar Khan, Aged about 35 years, R/o Nayapara, Durga Chowk, Baloda Bazar, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through: The Secretary, Health Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, (Chhattisgarh).
2. Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
3. Joint Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
4. Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
5. Joint Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
6. Chief Medical and Health Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
7. Chief Executive Officer, Zila Panchayat, District Baloda Bazar Bhatapara, (Chhattisgarh).
8. District Treasury Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2524 of 2016 Bhola Shankar Dhruw S/o Prem Singh Dhruw, Aged about 26 years, R/o Village Bagbuda, Tahsil Baloda Bazar, District Baloda Bazar Bhatapara, (Chhattisgarh)
---- Petitioner Vs
1. State of Chhattisgarh Through: The Secretary, Health Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, (Chhattisgarh).
W.P.(S)No.2508/2016and other connected matters Page 17 of 77
2. Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
3. Joint Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
4. Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
5. Joint Collector, District Baloda Bazar Bhatapara, (Chhattisgarh) .
6. Chief Medical and Health Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
7. Chief Executive Officer, Zila Panchayat, District Baloda Bazar Bhatapara, (Chhattisgarh).
8. District Treasury Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2525 of 2016 Tej Ram Dhruw S/o Jhadu Ram Dhruw, Aged about 42 years, R/o Village Gidhkera, Tahsil Palari, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through: The Secretary, Health Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, (Chhattisgarh).
2. Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
3. Joint Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
4. Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
5. Joint Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
6. Chief Medical and Health Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
7. Chief Executive Officer, Zila Panchayat, District Baloda Bazar Bhatapara, (Chhattisgarh).
8. District Treasury Officer, District Baloda Bazar Bhatapara, W.P.(S)No.2508/2016 and other connected matters Page 18 of 77 (Chhattisgarh)
---- Respondents WPS No. 2526 of 2016 Jagesh Nishad S/o Shri M. R. Nishad, Aged about 32 years, R/o Village Baloda Bazar, Tahsil Baloda Bazar, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through: The Secretary, Health Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, (Chhattisgarh).
2. Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
3. Joint Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
4. Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
5. Joint Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
6. Chief Medical and Health Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
7. Chief Executive Officer, Zila Panchayat, District Baloda Bazar Bhatapara, (Chhattisgarh).
8. District Treasury Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2528 of 2016 Krishna Kumar Dahariya S/o Late Bala Ram Dahariya, Aged about 38 years, R/o Village Bhatagaon, Tahsil Baloda Bazar, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through: The Secretary, Health Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, (Chhattisgarh).
2. Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
W.P.(S)No.2508/2016and other connected matters Page 19 of 77
3. Joint Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
4. Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
5. Joint Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
6. Chief Medical and Health Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
7. Chief Executive Officer, Zila Panchayat, District Baloda Bazar Bhatapara, (Chhattisgarh).
8. District Treasury Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2529 of 2016 Hari Shankar Netam S/o Shri Shiv Singh Netam, Aged about 23 years, R/o Village Konari, Tahsil Palari, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through: The Secretary, Health Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, (Chhattisgarh).
2. Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
3. Joint Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
4. Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
5. Joint Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
6. Chief Medical and Health Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
7. Chief Executive Officer, Zila Panchayat, District Baloda Bazar Bhatapara, (Chhattisgarh).
8. District Treasury Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Respondents W.P.(S)No.2508/2016 and other connected matters Page 20 of 77 WPS No. 2530 of 2016 Dilip Kumar S/o Shri Samaliya, Aged about 38 years, R/o Village Boirdih, Tahsil Palari, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through: The Secretary, Health Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, (Chhattisgarh).
2. Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
3. Joint Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
4. Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
5. Joint Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
6. Chief Medical and Health Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
7. Chief Executive Officer, Zila Panchayat, District Baloda Bazar Bhatapara, (Chhattisgarh).
8. District Treasury Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2531 of 2016 Rakesh Kumar Paikara S/o Dau Lal Paikara, Aged about 24 years, R/o Village Tarashiv, Tahsil Baloda Bazar, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through: The Secretary, Health Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, (Chhattisgarh).
2. Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
3. Joint Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
W.P.(S)No.2508/2016and other connected matters Page 21 of 77
4. Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
5. Joint Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
6. Chief Medical and Health Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
7. Chief Executive Officer, Zila Panchayat, District Baloda Bazar Bhatapara, (Chhattisgarh).
8. District Treasury Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2533 of 2016 Raja Gandharva S/o Sanat Kumar Gandharva, Aged about 22 years, R/o Village Tarashiv, Tahsil Baloda Bazar, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through: The Secretary, Health Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, (Chhattisgarh).
2. Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
3. Joint Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
4. Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
5. Joint Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
6. Chief Medical and Health Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
7. Chief Executive Officer, Zila Panchayat, District Baloda Bazar Bhatapara, (Chhattisgarh).
8. District Treasury Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2541 of 2016 Satyaprakash Yadav S/o Dular Ram Yadav, Aged about 26 W.P.(S)No.2508/2016 and other connected matters Page 22 of 77 years, R/o Village Chichirda, Post Ahilda Lavan Police Station Baloda Bazar, Civil and Revenue District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary Health and Family Welfare, Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
2. Director Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh Raipur District Raipur Chhattisgarh.
3. Commissioner, Health Services Directorate Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh Raipur District Raipur Chhattisgarh.
4. Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2544 of 2016 Bhuvneshwar Dhritlahare S/o Motiram Dhritlahare, Aged about 30 years, R/o Village Paraswani, Police Station Bhatapara, Civil and Revenue District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary Health and Family Welfare Department Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
2. Director Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
3. Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2545 of 2016 Ramesh Kumar Lalbegi S/o Late Shri Babulal Lalbegi, Aged about 35 years, R/o Baloda Bazar, Post Baloda Bazar Police Station & Post Baloda Bazar, Civil and Revenue District Baloda Bazar Bhatapara Chhattisgarh.
W.P.(S)No.2508/2016and other connected matters Page 23 of 77
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary Health and Family Welfare, Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
2. Director Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh Raipur District Raipur Chhattisgarh.
3. Commissioner, Health Office Directorate Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh Raipur District Raipur Chhattisgarh.
4. Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2551 of 2016 Dhaneshwari Chandrakar D/o B.L. Chandrakar, Aged about 28 years, Near Higher Secondary School Bhatgaon, Block Bilaigarh, District Raipur Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur Chhattisgarh.
2. Director, Health Services, Mantralaya, New Raipur, Chhattisgarh.
3. Chief Medical and Health Officer, Baloda Bazar, District Baloda bazar Chhattisgarh.
---- Respondents WPS No. 2552 of 2016 Smt. Narita Sahu W/o Thanu Ram Sahu, Aged about 33 years, Occupation - Service, presently posted and working as Auxiliary Nurse Midwifery at Primary Health Center, Barnawapara, P. S. & Block- Kasdol, Civil and Revenue District- Baloda Bazar - Bhatapara (Chhattisgarh), R/o Village- Borsi, P.S. Rajim, Civil and Revenue District- Gariyaband (Chhattisgarh).
---- Petitioner W.P.(S)No.2508/2016 and other connected matters Page 24 of 77 Vs
1. State of Chhattisgarh Through- Secretary, Department of Health, Mahanadi Bhawan, Mantralaya, Naya Raipur, Post Office & Police Station- Naya Raipur, District- Raipur (Chhattisgarh).
2. Director, Directorate of Health Service, Block- I, Indrawati Bhawan, 3rd Floor, Naya Raipur, Post Office & Police Station- Naya Raipur, District- Raipur (Chhattisgarh).
3. Collector, District- Baloda Bazar- Bhatapara (Chhattisgarh).
4. Chief Medical & Health Officer, District- Baloda Bazar- Bhatapara (Chhattisgarh).
---- Respondents WPS No. 2560 of 2016 Malikram Jaisawal S/o Bhagwat Prasad Jaiswal, Aged about 28 years, R/o Village Beltikari, Post Dharasiv, Police Station & Tahsil Bilaigarh, Civil and Revenue District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary Health and Family Welfare Department Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
2. Director Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
3. Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2561 of 2016 Vikas Kumar Chandrakar S/o Kishan Lal Chandrakar, Aged about 26 years, Pharmacist Grade Il, R/o Chhattisgarh Nagar, Bhagat, Chowk Raipur, District Raipur Chhattisgarh
---- Petitioner Vs
1. State of Chhattisgarh Thorugh The Secretary, Department of Health Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur Chhattisgarh.
W.P.(S)No.2508/2016and other connected matters Page 25 of 77
2. Director, Health Services, Mantralaya, New Raipur, Chhattisgarh.
3. Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2565 of 2016 Omshankar Banarsi S/o Sadhelal Banarsi, Aged about 26 years, Pharmacist Grade Il, R/o Village Dondek District Raipur Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health, Mahanadi Bhavan, Mantralaya, New Raipur, District Raipur Chhattisgarh.
2. Director, Health Services, Mantralaya, New Raipur, Chhattisgarh.
3. Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Chhattisgarh.
---- Respondents WPS No. 2576 of 2016 Daulat Ram Yadav S/o Sant Ram Yadav, Aged about 33 years, R/o Village Alesur, Post Jara, Police Station Kharora, Raipur, Civil and Revenue District Raipur Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary Health and Family Welfare, Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
2. Director Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh Raipur District Raipur Chhattisgarh.
3. Commissioner, Health Office Directorate Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh Raipur District Raipur Chhattisgarh.
4. Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents W.P.(S)No.2508/2016 and other connected matters Page 26 of 77 WPS No. 2577 of 2016 Monika Dahariya W/o Hirendra Kumar Dahariya, Aged about 28 years, R/o Village Khajuri, Police Station & Post Baloda Bazar, Civil and Revenue District Baloda Bazar Bhatapra Chhattisgarh
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary Health and Family Welfare, Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
2. Director Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh Raipur District Raipur Chhattisgarh.
3. Commissioner, Health Services Directorate Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh Raipur District Raipur Chhattisgarh.
4. Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar - Bhatapara Chhattisgarh.
---- Respondents WPS No. 2580 of 2016 Rewati Raman Sahu S/o Khushru Ram Sahu, Aged about 35 years, R/o Village Lawan, Police Station Kasdol & Tahsil Baloda Bazar, Civil and Revenue District Baloda Bazar Bhatapara Chhattisgarh
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary Health and Family Welfare Department Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
2. Director Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
3. Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2581 of 2016 Mohammad Shahrukh Khan S/o Mohammad Farukh Khan, W.P.(S)No.2508/2016 and other connected matters Page 27 of 77 Aged about 23 years, R/o Nayapara Ganesh Chowk, Baloda Bazar, Police Station & Post Baloda Bazar, Civil and Revenue District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary Health and Family Welfare, Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh
2. Director Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh Raipur District Raipur Chhattisgarh.
3. Commissioner, Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh Raipur District Raipur Chhattisgarh.
4. Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar - Bhatapara Chhattisgarh.
---- Respondents WPS No. 2582 of 2016 Indra Kumar Kanoje S/o Thaneshwar Prasad Kanoje, Aged about 32 years, R/o Village & Post Latwa, Baloda Bazar, Police Station Baloda Bazar, Civil and Revenue District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary Health and Family Welfare, Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
2. Director Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh Raipur District Raipur Chhattisgarh.
3. Commissioner, Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh Raipur District Raipur Chhattisgarh.
4. Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2584 of 2016 W.P.(S)No.2508/2016 and other connected matters Page 28 of 77 Omprakash Kosle S/o T.R. Kosle, Aged about 23 years, R/o Behind New Bus Stand, Ward No. 5, Baloda Bazar, Police Station & Post Baloda Bazar, Civil and Revenue District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary Health and Family Welfare, Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
2. Director Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh Raipur District Raipur Chhattisgarh.
3. Commissioner, Health Services, Directorate Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh Raipur District Raipur Chhattisgarh.
4. Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2447 of 2016 Lokeshwar Nayak S/o Shri Tej Shankar Nayak, Aged about 25 years, Occupation-Service, presently posted and working as Multi Purpose Health Worker at Community Health Center, Kasdol, P. S. & Block Kasdol, Civil & Revenue District Baloda Bazar Bhatapara (Chhattisgarh), R/o Village Kus Bhata, Post, Tahsil & P.S. Kasdol, Civil & Revenue District Baloda Bazar Bhatapara (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary, Department of Health, Mahanadi Bhawan, Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur (Chhattisgarh).
2. Director, Directorate of Health Service, Block-I, Indrawati Bhawan, 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur (Chhattisgarh).
3. Collector, District Baloda Bazar Bhatapara (Chhattisgarh).
4. Chief Medical and Health Officer, District Baloda Bazar Bhatapara (Chhattisgarh).
---- Respondents W.P.(S)No.2508/2016 and other connected matters Page 29 of 77 WPS No. 2448 of 2016 Smt. Chanda Sahu W/o Shri Hukum Chand Sahu, Aged about 37 years, Occupation-Service, presently posted and working as Auxiliary Nurse Midwifery at Sub Health Center, Sinodha, P. S. & Block Simga, Civil & Revenue District Baloda Bazar Bhatapara (Chhattisgarh) R/o Village & Post Sankri, P. S. Kurud Civil & Revenue District Dhamtari (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary, Department of Health, Mahanadi Bhawan, Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur (Chhattisgarh).
2. Director, Directorate of Health Service, Block-I, Indrawati Bhawan, 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur (Chhattisgarh).
3. Collector, District Baloda Bazar Bhatapara (Chhattisgarh).
4. Chief Medical and Health Officer, District Baloda Bazar Bhatapara (Chhattisgarh).
---- Respondents WPS No. 2450 of 2016 Smt. Gayatri Sahu W/o Shri Dushyant Kumar Sahu, Aged about 32 years, Occupation-Service, presently posted and working as Aaya (Wrongly Mentioned ANM In W.P.(S) No. 3842/2015), Primary Health Center, Suhela, P.S. & Block Simga, Civil & Revenue Distt. Baloda Bazar Bhatapara, (Chhattisgarh), R/o Village Sell, Tahsil & Police Station Kasdol, Civil & Revenue Distt. Baloda Bazar Bhatapara, (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary, Department of Health, Mahanadi Bhawan, Mantralaya, Naya Raipur, Post Office & Police Station Kasdol, Civil & Revenue Distt. Baloda Bazar Bhatapara, (Chhattisgarh)
2. Director, Directorate of Health Service, Block-I, Indrawati Bhawan, 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur, Distt. Raipur, (Chhattisgarh).
3. Collector, Distt. Baloda Bazar Bhatapara, (Chhattisgarh).
W.P.(S)No.2508/2016and other connected matters Page 30 of 77
4. Chief Medical & Health Officer, Distt. Baloda Bazar Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2452 of 2016 Chanchal Kumar Nayak S/o Shri Tej Shankar Nayak, Aged about 23 years, Occupation Service, presently posted and working as Driver At Community Health Center, Kasdol, P.S. & Block Kasdol, Civil & Revenue Distt. Baloda Bazar Bhatapara, (Chhattisgarh), R/o Village Kushbhantha, Post Nagardas, P.S. & Block Kasdol, Civil & Revenue Distt. Baloda Bazar Bhatapara, (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary, Department of Health, Mahanadi Bhawan, Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, Distt. Raipur, (Chhattisgarh).
2. Director, Directorate of Health Service, Block- I, Indrawati Bhawan, 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur, Distt. Raipur, (Chhattisgarh).
3. Collector, Distt. Baloda Bazar Bhatapara, (Chhattisgarh).
4. Chief Medical & Health Officer, Distt. Baloda Bazar Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2446 of 2016 Resham Lal Sahu S/o Shri Shyam Kumar Sahu, Aged about 32 years, Occupation-Service, presently posted and working as Multi Purpose Health Worker at Sub Health Center, Nawagaon, P. S. & Block Simga, Civil & Revenue District Baloda Bazar Bhatapara (Chhattisgarh) R/o Village Sankri, Post Ameri, P.S. City Kotwali, Baloda Bazar, District Baloda Bazar Bhatapara (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary, Department of Health, Mahanadi Bhawan, Mantralaya, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur (Chhattisgarh).
2. Director, Directorate of Health Service, Block-I, Indrawati W.P.(S)No.2508/2016 and other connected matters Page 31 of 77 Bhawan, 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur (Chhattisgarh).
3. Collector, District Baloda Bazar Bhatapara (Chhattisgarh).
4. Chief Medical and Health Officer, District Baloda Bazar Bhatapara (Chhattisgarh).
---- Respondents WPS No. 2631 of 2016 Hirauram Sahu S/o Makhan Lal Sahu, Aged about 24 years,, R/o Village & Post Damru, Tahsil Baloda Bazar Police Station Baloda Bazar, Civil and Revenue District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary Health and Family Welfare, Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
2. Director Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh Raipur District Raipur Chhattisgarh.
3. Commissioner, Health Office Directorate Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh Raipur District Raipur Chhattisgarh.
4. Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2635 of 2016 Lav Kumar Yadu S/o Ram Senehi Yadu, Aged about 25 years, Occupation Watchman, Government Primary Health Centre, Hatband, Thana Simga District Baloda Bazar Bhatapara, R/o Village Simga, District Baloda Bazar Bhatapara, Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattigarh.
2. The Director, Directorate of Health Services, Block-I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
W.P.(S)No.2508/2016and other connected matters Page 32 of 77
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. Chief Medical & Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
5. Block Health Officer Public Health Officer, Public Health Centre, Simga, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2638 of 2016 Dhanesh Kumar Sahu S/o Uadho Prasad Sahu, Aged about 35 years, Occupation Ward Boy, Government Primary Health Centre Simga, Thana Simga, District Baloda Bazar Bhatapara, Chhattisgarh R/o Village Chhirra, Post Office Tundri, District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Thorugh The Secretary Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattigarh.
2. The Director, Directorate of Health Services, Block-I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. Chief Medical & Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
5. Block Health Officer, Public Health Centre, Simga, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2639 of 2016 Pradeep Kumar Gwalani S/o Late Suresh Gwalani, Aged about 25 years, Occupation Grade 4th Government Primary Health Centre, Hathband, Thana Simga, Distt. Baloda Bazar Bhatapara (Chhattisgarh), R/o Veershivaji Ward No. 12 Palari, Thana Palari, Block Palari, Distt. Baloda Bazar Bhatapara (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt. Raipur (Chhattisgarh).
W.P.(S)No.2508/2016and other connected matters Page 33 of 77
2. The Director, Diretorate Health Services, Block- I, Indrawati Bhawan, 3rd Floor, Naya Raipur, Distt. Raipur (Chhattisgarh).
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. Chief Medical & Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
5. Block Health Officer, Public Health Centre, Simga, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2640 of 2016 Naresh Kumar Shriwas S/o Mansukh Lal Shriwas, Aged about 34 years, Occupation Grade IV, Government Primary Health Centre Simga, Thana Simga, District Baloda Bazar Bhatapara (Chhattisgarh) R/o Village Gidhori, Post Office Gidhori, Thana Gidhori, District Baloda Bazar Bhatapara (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh).
2. The Director, Directorate Health Services, Block- 1, Indrawati Bhawan, 3rd Floor, Naya Raipur, Distt. Raipur, (Chhattisgarh).
3. Collector, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
4. Chief Medical and Health Officer, Baloda Bazar, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
5. Block Health Officer, Public Health Centre, Simga, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2643 of 2016 Hemant Kanouje S/o Ashwani Kumar Kanouje, Aged about 26 years,, Occupation-Peon, Government Primary Health Centre Bhatapara, Thana Bhatapara, District Baloda Bazar Bhatapara (Chhattisgarh) R/o Village Palari Near State Bank Ward No. 12, Post Office Palari, Thana Palari, District Baloda Bazar Bhatapara (Chhattisgarh).
---- Petitioner Vs W.P.(S)No.2508/2016 and other connected matters Page 34 of 77
1. State of Chhattisgarh Through The Secretary Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh).
2. The Director, Directorate Health Services, Block- 1, Indrawati Bhawan, 3rd Floor, Naya Raipur, Distt. Raipur, (Chhattisgarh)
3. Collector, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh)
4. Chief Medical and Health Officer, Baloda Bazar, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh)
5. Block Health Officer, Public Health Centre, Simga, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh)
---- Respondents WPS No. 2644 of 2016 Rajkumar Sidar S/o Purjan Sidar, Aged about 35 years, Occupation Sweeper, Government Primary Health Centre Rohara, Thana Simga, Distt. Baloda Bazar Bhatapara, (Chhattisgarh), R/o Village Simga, Post Office Simga, Block Simga, Distt. Baloda Bazar Bhatapara, (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt. Raipur, (Chhattisgarh)
2. The Director, Directorate Health Services, Block- 1, Indrawati Bhawan, 3rd Floor, Naya Raipur, Distt. Raipur, (Chhattisgarh)
3. Collector, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh)
4. Chief Medical and Health Officer, Baloda Bazar, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh)
5. Block Health Officer, Public Health Centre, Simga, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh)
---- Respondents WPS No. 2646 of 2016 Kaushal Prasad Verma S/o Samaru Ram Verma, Aged about 33 years,, Occupation Ward Boy, Government Primary Health Centre Simga, Thana Simga, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh), R/o Village Mundai, Post Office Lawan, Block Baloda Bazar, Distt. Baloda Bazar Bhatapara, (Chhattisgarh)
---- Petitioner W.P.(S)No.2508/2016 and other connected matters Page 35 of 77 Vs
1. State of Chhattisgarh Through The Secretary, Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt Raipur, (Chhattisgarh).
2. The Director, Directorate Health Services, Block- 1, Indrawati Bhawan, 3rd Floor, Naya Raipur, Distt. Raipur, (Chhattisgarh).
3. Collector, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
4. Chief Medical and Health Officer, Baloda Bazar, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
5. Block Health Officer, Public Health Centre, Simga, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2647 of 2016 Bhojraj Sao S/o Pardeshi Sao, Aged about 24 years, Occupation- Watchman, Government Primary Health Centre Damakheda, Thana Simga, Distt Baloda Bazar- Bhatapara, (Chhattisgarh), R/o Village Damakheda, Thana Simga, Distt. Baloda Bazar Bhatapara (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt. Raipur, (Chhattisgarh).
2. The Director, Directorate Health Services, Block- 1, Indrawati Bhawan, 3rd Floor, Naya Raipur, Distt. Raipur, (Chhattisgarh).
3. Collector, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
4. Chief Medical and Health Officer, Baloda Bazar, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
5. Block Health Officer, Public Health Centre, Simga, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2648 of 2016 Husain Ali S/o Mustak Ali, Aged about 22 years,, Occupation- Grade IV, Government Primary Health Centre Simga, Thana Simga, Distt. Baloda Bazar Bhatapara (Chhattisgarh) R/o Simga, Post Office Simga, Distt. Baloda Bazar Bhatapara W.P.(S)No.2508/2016 and other connected matters Page 36 of 77 (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt. Raipur (Chhattisgarh).
2. The Director, Directorate of Health Services, Block-I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. Chief Medical & Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
5. Block Health Officer Public Health Centre, Simga, District Baloda Bazar Bhatapara, Chhattisgarh.
---- Respondents WPS No. 2650 of 2016 Rajesh Kumar Yadav S/o Krishna Kumar Yadav, Aged about 28 years,, Occupation - Sweeper, Government Primary Health Centre Simga, Thana Simga, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh), R/o Village Simga, Post Office Simga, Block Simga, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt Raipur, (Chhattisgarh).
2. The Director, Directorate Health Services, Block- 1, Indrawati Bhawan, 3rd Floor, Naya Raipur, Distt. Raipur, (Chhattisgarh).
3. Collector, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
4. Chief Medical and Health Officer, Baloda Bazar, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
5. Block Health Officer, Public Health Centre, Simga, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2532 of 2016 Rajesh Kumar Dhruv S/o Late Basant Kumar Dhruv, Aged about 38 years, R/o Ward No. 12, Bal Samund Road, Palari, W.P.(S)No.2508/2016 and other connected matters Page 37 of 77 Tahsil Palari, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through: The Secretary, Health Department, Mantralaya, Mahanadi Bhawan, New Raipur, District Raipur, (Chhattisgarh).
2. Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
3. Joint Director, Health Services, Chhattisgarh Indravati Bhawan, New Raipur, District Raipur, (Chhattisgarh).
4. Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
5. Joint Collector, District Baloda Bazar Bhatapara, (Chhattisgarh).
6. Chief Medical and Health Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
7. Chief Executive Officer, Zila Panchayat, District Baloda Bazar Bhatapara, (Chhattisgarh).
8. District Treasury Officer, District Baloda Bazar Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2660 of 2016 Parul Soni S/o Laxmi Soni, Aged about 23 years, R/o Brahmanpara, Raipur, Panchpath Chowk, Raipur, Police Station Azad Chowk, Civil and Revenue District Raipur Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary Health and Family Welfare, Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
2. Director Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh Raipur District Raipur Chhattisgarh
3. Commissioner, Health Office Directorate Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh Raipur District Raipur Chhattisgarh W.P.(S)No.2508/2016 and other connected matters Page 38 of 77
4. Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2563 of 2016 Nokhram Patel S/o Heeraram Patel, Aged about 26 years,, R/o Village Gindola, Police Station Kasdol & Tahsil Baloda Bazar Civil and Revenue District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary Health and Family Welfare Department Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
2. Director Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
3. Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2567 of 2016 Pawan Kumar Painkara S/o Guman Singh Painkara, Aged about 39 years,, R/o Village Kauhkuda, Police Station Kasdol, Civil and Revenue District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary Health and Family Welfare Department Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
2. Director Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
3. Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2583 of 2016 Ramprakash Ratre S/o Lakhanlal Ratre, Aged about 24 W.P.(S)No.2508/2016 and other connected matters Page 39 of 77 years,, R/o Village Bhaisum, Police Station & Tahsil Bilaigarh, Civil and Revenue District Baloda Bazar- Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary Health and Family Welfare Department Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
2. Director Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
3. Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2628 of 2016 Vyas Narayan S/o Dheluram, Aged about 30 years,, R/o Village Saloni, Post & Tahsil & Thana Palari, District Baloda Bazar Bhatapara (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Services Mahanadi Bhawan Naya Raipur Post Office & Police Station Naya Raipur District Raipur (Chhattisgarh).
2. Director, Directorate of Health Services, Block-1, Indrawati Bhawan 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur (Chhattisgarh).
3. The Collector, Collectorate District Baloda Bazar Bhatapara (Chhattisgarh).
4. Chief Medical and Health Officer, Raipur District Raipur, Thana Raipur (Chhattisgarh).
5. Chief Medical & Health Officer, Baloda Bazar District & Thana Baloda Bazar Bhatapara (Chhattisgarh).
---- Respondents WPS No. 2651 of 2016 Manisha Nishad W/o Dhaneshwar Nishad, Aged about 30 years, Occupation- Aaya, Community Health Centre Simga, Thana Simga, Distt. Baloda Bazar Bhatapara (Chhattisgarh), W.P.(S)No.2508/2016 and other connected matters Page 40 of 77
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt. Raipur, (Chhattisgarh).
2. The Director, Directorate Health Services, Block- I, Indrawati Bhawan, 3rd Floor, Naya Raipur, Distt. Raipur, (Chhattisgarh).
3. Collector, Distt. Baloda Bazar Bhatapara, (Chhattisgarh).
4. Chief Medical and Health Officer, Baloda Bazar, Distt. Baloda Bazar Bhatapara, (Chhattisgarh).
5. Block Health Officer, Public Health Centre, Simga, Distt. Baloda Bazar Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2652 of 2016 Rajkumar Jaiswal S/o Prem Lal Jaiswal, Aged about 32 years, Occupation Ward Boy, Government Primary Health Centre Simga, Thana Simga, Distt. Baloda Bazar Bhatapara (Chhattisgarh), R/o Bilaigarh, Tehsil Bilaigarh, Post Office Bilaigarh, Thana Bilaigarh, Distt. Baloda Bazar Bhatapara (Chhattisgarh)
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt. Raipur (Chhattisgarh).
2. The Director, Directorate of Health Services, Block I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. Chief Medical & Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
5. Block Health Officer Public Health Centre, Simga, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2653 of 2016 Dipesh Kumar Yadu S/o Salik Ram Yadu, Aged about 29 years,, Occupation Peon, Government Primary Health Centre W.P.(S)No.2508/2016 and other connected matters Page 41 of 77 Damakheda, Thana Simga, Distt. Baloda Bazar Bhatapara (Chhattisgarh) R/o Village Jaroud, Thana Bhatapara, Block Simga, Distt. Baloda Bazar Bhatapara (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt. Raipur (Chhattisgarh).
2. The Director, Directorate Health Services, Block - I, Indrawati Bhawan, 3rd Floor, Naya Raipur, Distt. Raipur (Chhattisgarh).
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. Chief Medical & Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
5. Block Health Officer Public Health Centre, Simga, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2655 of 2016 Tushar Kumar Sahu S/o Nand Kumar Sahu, Aged about 26 years, Occupation-Dresser, Government Primary Health Centre, Hathband, Thana Simga, Distt. Baloda Bazar Bhatapara (Chhattisgarh) R/o Village Aourethi, Thana Simga, Distt. Baloda Bazar Bhatapara (Chhattisgarh)
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt. Raipur (Chhattisgarh).
2. The Director, Directorate of Health Services, Block I, Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh
3. The Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. Chief Medical & Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
5. Block Health Officer Public Health Centre, Simga, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2671 of 2016 W.P.(S)No.2508/2016 and other connected matters Page 42 of 77 Usharani Yadu W/o Rupendra Yadu, Aged about 42 years, Occupation- Aaya, Community Hospital Centre Bhatapara, Thana - Bhatapara, Distt. Baloda Bazar - Bhatapara (Chhattisgarh), R/o Village Manohara, Thana - Hathband, Post Office - Hathband, Distt - Baloda Bazar - Bhatapara (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt. Raipur (Chhattisgarh).
2. The Director, Directorate Health Services, Blcok - I Indrawati Bhawan, 3rd Floor, Naya Raipur, District Raipur (Chhattisgarh).
3. Collector, Distt. Baloda Bazar - Bhatapara (Chhattisgarh).
4. Chief Medical and Health Officer Baloda Bazar, Distt. Baloda Bazar- Bhatapara (Chhattisgarh).
5. Block Health Officer, Public Health Centre, Bhatapara, Distt. Baloda Bazar - Bhatapara (Chhattisgarh).
---- Respondents WPS No. 2673 of 2016 Suraj Thakur S/o Late Nirmal Kumar Thakur, Aged about 32 years, Occupation - Ward Boy, Community Hospital Centre Bhatapara, Thana - Bhatapara, Distt. Baloda Bazar - Bhatapara (Chhattisgarh), R/o Village Palari, Thana - Palari, Post Office - Palari, Distt. Baloda Bazar - Bhatapara (Chhattisgarh)
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt. Raipur (Chhattisgarh).
2. The Director, Directorate Health Services, Block - I Indrawati Bhawan, 3rd Floor, Naya Raipur, Distt. Raipur (Chhattisgarh).
3. Collector, Distt. Baloda Bazar - Bhatapara (Chhattisgarh).
4. Chief Medical and Health Officer Baloda Bazar, Distt. Baloda Bazar- Bhatapara (Chhattisgarh).
W.P.(S)No.2508/2016and other connected matters Page 43 of 77
5. Block Health Officer, Public Health Centre, Bhatapara Distt. Baloda Bazar - Bhatapara (Chhattisgarh).
---- Respondents WPS No. 2677 of 2016 Pileshwari Vaishnav W/o Raju Vaishnav, Aged about 32 years, Occupation - Aaya, Community Hospital Centre Bhatapara, Thana- Bhatapara, Distt. Baloda Bazar - Bhatapara (Chhattisgarh), R/o Hathnipara Near Chirbungalow Bhatapara, Thana - Bhatapara, Post Office - Bhatapara, Distt. Baloda Bazar - Bhatapara (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Distt. Raipur (Chhattisgarh).
2. The Director, Directorate Health Service, Block - I Indrawati Bhawan, 3rd Floor, Naya Raipur, Distt. Raipur (Chhattisgarh).
3. Collector, Distt. Baloda Bazar - Bhatapara (Chhattisgarh).
4. Chief Medical and Health Officer, Baloda Bazar, Distt. Baloda Bazar- Bhatapara (Chhattisgarh).
5. Block Health Officer, Public Health Centre, Bhatapara Distt. Baloda Bazar - Bhatapara (Chhattisgarh).
---- Respondents WPS No. 2678 of 2016 Pyarelal Dhruw S/o Mithlesh Kumar Dhruw, Aged about 26 years, Occupation Ward Boy Community Hospital Centre Bhatapara Thana Bhatapara, District Baloda Bazar Bhatapara, Chhattisgarh, R/o Village Dharshiv, Tehsil Baloda Bazar Post Office Dharshiva Thana Baloda Bazar, District Baloda Bazar Bhatapar Chhattisgarh
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Disrict Raipur Chhattisgarh.
2. The Director, Directorate Health Services, Block- 1, Indrawati Bhawan, 3rd Floor, Naya Raipur, Distt. Raipur, (Chhattisgarh).
W.P.(S)No.2508/2016and other connected matters Page 44 of 77
3. Collector, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
4. Chief Medical and Health Officer, Baloda Bazar, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
5. Block Health Officer, Public Health Centre, Simga, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2679 of 2016 Smt. Bimla Khute W/o Shri Harishchandra Khunte Aged about 28 years, R/o Village - Matiya, Police Station - Gidhaori, District Baloda Bazar - Bhatapara (Chhattisgarh)
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary, Health and Family Welfare Department Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur (Chhattisgarh).
2. Director Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur (Chhattisgarh) Raipur District Raipur (Chhattisgarh).
3. Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar- Bhatapara (Chhattisgarh).
---- Respondents WPS No. 2680 of 2016 Daneshwar Verma S/o Shri Sukalu Ram Verma, Aged about 37 years, R/o Village Ganiyari, Police Station Kharora, District Raipur Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary, Health and Family Welfare Department Mahandi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
2. Director Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur, District Raipur Chhattisgarh.
3. Chief Medical & Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents W.P.(S)No.2508/2016 and other connected matters Page 45 of 77 WPS No. 2681 of 2016 Kalendri Verma D/o Shri Sewak Ram Verma, Aged about 34 years, R/o Village Amera, Police Station Palari, District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary, Health and Family Welfare Department Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
2. Director Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur, District Raipur Chhattisgarh.
3. Chief Medical & Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2682 of 2016 Litesh Sharma S/o late Kamalnarayan Sharma, Aged about 26 years, Occupation-Mess Servant, Community Hospital Centre Bhatapara, Thana Bhatapara, District Baloda Bazar - Bhatapara Chhattisgarh, R/o Munshi Ismile Ward Bhatapara, Tehsil Bhatapara, Thana Bhatapara, District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Disrict Raipur Chhattisgarh.
2. The Director, Directorate Health Services, Block- 1, Indrawati Bhawan, 3rd Floor, Naya Raipur, Distt. Raipur, (Chhattisgarh).
3. Collector, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
4. Chief Medical and Health Officer, Baloda Bazar, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
5. Block Health Officer, Public Health Centre, Simga, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2698 of 2016 W.P.(S)No.2508/2016 and other connected matters Page 46 of 77 Hemlal Patel S/o Itwari Lal Patel, Aged about 35 years, R/o Village Ghirghol, Post Datan, Police Station Palari, Tahsil Palari, Baloda Bazar Civil and Revenue District Baloda Bazar Bhatapra Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary Health and Family Welfare, Department, Mahanadi Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
2. Director Health Services, Directorate, Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh Raipur District Raipur Chhattisgarh.
3. Commissioner, Health Services Directorate Indravati Bhawan, Mantralaya, Capital Complex, New Raipur, District Raipur Chhattisgarh.
4. Chief Medical and Health Officer, Baloda Bazar, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2702 of 2016 Yasmeen W/o Amjad Bakhas, Aged about 42 years,, Occupation Peon, Community Hospital Centre Bhatapara, Thana Bhataara, District Baloda Bazar Bhatapra Chhattisgarh, R/o Village Near Premnagar, Water Tank Behind Sahu, Complex, Mova, Thana Raipur, Post Office Raipur, District Raipur Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Disrict Raipur Chhattisgarh.
2. The Director, Directorate Health Services, Block- 1, Indrawati Bhawan, 3rd Floor, Naya Raipur, Distt. Raipur, (Chhattisgarh).
3. Collector, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
4. Chief Medical and Health Officer, Baloda Bazar, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
5. Block Health Officer, Public Health Centre, Simga, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
---- Respondents W.P.(S)No.2508/2016 and other connected matters Page 47 of 77 WPS No. 2703 of 2016 Rajesh Jandgde S/o Late Tijauram Jangde, Aged about 32 years, Occupation-Chaukidar, Community Hospital Centre Bhatapara, Thana Bhatapaara, District Baloda Bazar Bhatapara, Chattisgarh, R/o Village Datrengi Tehsil-Palari, Thana-Bhatapara, Post Office-Charauda, District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Disrict Raipur Chhattisgarh.
2. The Director, Directorate Health Services, Block- 1, Indrawati Bhawan, 3rd Floor, Naya Raipur, Distt. Raipur, (Chhattisgarh).
3. Collector, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
4. Chief Medical and Health Officer, Baloda Bazar, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
5. Block Health Officer, Public Health Centre, Simga, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2727 of 2016 Dinesh Yadav S/o Puran Lal Yadav, Aged about 24 years, Occupation-Ward Boy, Community Hospital Centre Bhatapara, Thana Bhatapara, District Baloda Bazar Bhatapara, Chhattisgarh, R/o Rewadih, Tehsil Palari, Post Office- Bhawanipur, Thana Palari, District Baloda, Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Health Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh.
2. The Director, Directorate Health Services, Block- 1, Indrawati Bhawan, 3rd Floor, Naya Raipur, Distt. Raipur, (Chhattisgarh).
3. Collector, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
4. Chief Medical and Health Officer, Baloda Bazar, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
W.P.(S)No.2508/2016and other connected matters Page 48 of 77
5. Block Health Officer, Public Health Centre, Simga, Distt. Baloda Bazar- Bhatapara, (Chhattisgarh).
---- Respondents WPS No. 2474 of 2016 Manish Kumar Sahu S/o Shri Mahendra Kumar Sahu, Aged about 24 years, Occupation-Service, presently posted and working as Multi Purpose Health Worker at Sub Health Center Parsapali, P.S. & Block Bilaigarh, Civil & Revenue District Baloda Bazar Bhatapara Chhattisgarh R/o Village Raikona, Tahsil & Block Bilaigarh, District Baloda Bazar Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary, Department of Health Mahandi Bhawan, Mantralaya Naya Raipur, Post Office & Police Station Naya Raipur District Raipur Chhattisgarh.
2. Director, Directorate of Helath Service Block-I, Indrawati Bhawan, 3rd Floor, Naya Raipur District Raipur Chhattisgarh.
3. Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. Chief Medical and Health Officer, District Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents WPS No. 2907 of 2016 Mukesh Kumar Kant S/o Anand Ram Kant, Aged about 24 years, R/o Village Jamdeeh, Post & Thana Kuharod, Tahsil & District Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary Department of Health Services Mahanadi Bhawan Naya Raipur Post Office & Police Station Naya Raipur, District Raipur Chhattisgarh
2. Director, Directorate of Health Services, Block 1, Indrawati Bhawan 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur District Raipur Chhattisgarh.
3. The Collector, Collectorate District Baldoa Bazar Bhatapara Chhattigarh.
4. Chief Medical & Health Officer, Raipur, District Raipur Thana Raipur, Chhattisgarh.
W.P.(S)No.2508/2016and other connected matters Page 49 of 77
5. Chief Medical & Health Officer, Baloda Bazar, District & Thana Baloda Bazar - Bhatapara Chhattisgarh.
---- Respondents WPS No. 2917 of 2016 Meghnath Ghritlahare S/o Bhishamlal Ghritlahare, Aged about 27 years, R/o Village Dongarideeh, Post & Thana Lawan, Tahsil & Distt. Baloda Bazar Bhatapara (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Services Mahanadi Bhawan, Naya Raipur Post Office & Police Station Naya Raipur District Raipur (Chhattisgarh).
2. Director, Directorate of Health Services, Block - 1 Indrawati Bhawan 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur, Distt. Raipur (Chhattisgarh).
3. The Collector, Collectorate District Baloda Bazar Bhatapara (Chhattisgarh).
4. Chief Medical and Health Officer Raipur District Raipur, Thana Raipur (Chhattisgarh).
5. Chief Medical and Health Officer, Baloda Bazar District & Thana Baloda Bazar Bhatapara (Chhattisgarh).
---- Respondents WPS No. 5185 of 2016 Dinesh Kumar Sahu S/o Lekhram Sahu, Aged about 24 years, R/o Village Girra, P. O. Sasha, P. S. and Tehsil Palari, Civil and Revenue District Balauda Bazar (Chhattisgarh) presently residing at Village Rohansi P. O. Rohansi, P. S. and Tehsil Palari, Civil and Revenue District, Balauda Bazar (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through Secretary : Department of Health, Mahanadi Bhawan, Mantralaya, New Raipur, Post Office and P. S. Naya Raipur, District Raipur (Chhattisgarh).
2. Director, Directorate of Health Services, Block- I, Indrawati Bhawan 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur, Distt. Raipur (Chhattisgarh).
W.P.(S)No.2508/2016and other connected matters Page 50 of 77
3. The Collector, Civil and Revenue District Balauda Bazar Bhatapara (Chhattisgarh).
4. Chief Medical and Health Officer, District Balauda Bazar Bhatapara (Chhattisgarh).
5. Sub Health Center, Dhawain, Development Block Balauda Bazar, District Balauda Bazar Bhatapara (Chhattisgarh).
---- Respondents WPS No. 349 of 2016 Vyas Narayan S/o Dheluram, Aged about 30 years, R/o Village Saloni, Post & Tahsil & Thana Palari, District Baloda Bazar Bhatapara (Chhattisgarh).
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Services Mahanadi Bhawan Naya Raipur Post Office & Police Station Naya Raipur District Raipur (Chhattisgarh).
2. Director, Directorate of Health Services, Block 1 Indrawati Bhawan 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur (Chhattisgarh).
3. The Collector, Collectorate District Baloda Bazar Bhatapara (Chhattisgarh).
4. Chief Medical and Health Officer, Raipur District Raipur, Thana Raipur (Chhattisgarh).
5. Chief Medical and Health Officer, Baloda Bazar District & Thana Baloda Bazar Bhatapara (Chhattisgarh).
---- Respondents WPS No. 2967 of 2016 Yogendra Kumar Banjare S/o Tirath Ram Banjare Aged about 27 years, R/o Village Khaira, Post & Thana Datan, Tahsil & Distt. Baloda Bazar Bhatapara (Chhattisgarh)
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Services Mahanadi Bhawan Naya Raipur Post Office & Police Station Naya Raipur Distt. Raipur (Chhattisgarh)
2. Director, Directorate of Health Services, Block- 1, Indrawati W.P.(S)No.2508/2016 and other connected matters Page 51 of 77 Bhawan 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur, Distt. Raipur (Chhattisgarh)
3. The Collector, Collectorate District Baloda Bazar Bhatapara (Chhattisgarh)
4. Chief Medical & Health Officer Raipur District Raipur, Thana Raipur (Chhattisgarh)
5. Chief Medical & Health Officer, Baloda Bazar District & Thana Baloda Bazar Bhatapara (Chhattisgarh)
---- Respondents WPS No. 2961 of 2016 Sant Kumar S/o Purushottam Baghel, Aged about 24 years, R/o Village Bangabod, Post Soanrdevari Thana Kosdol, Tahsil & District Baloda Bazar Bhatapara Chhattisgarh
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary Department of Health Services Mahanadi Bhawan Naya Raipur Post Office & Police Station Naya Raipur, District Raipur Chhattisgarh
2. Director, Directorate of Health Services, Block 1, Indrawati Bhawan 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur District Raipur Chhattisgarh
3. The Collector, Collectorate District Baldoa Bazar Bhatapara Chhattigarh
4. Chief Medical & Health Officer, Raipur, District Raipur Thana Raipur, Chhattisgarh
5. Chief Medical & Health Officer, Baloda Bazar, District & Thana Baloda Bazar - Bhatapara Chhattisgarh
---- Respondents WPS No. 2951 of 2016 Markande Verma S/o Awadhram Verma, Aged about 28 years, R/o Village Chirpota, Post & Thana Kohraud, Tahisl & District Baloda Bazar Bhatapara Chhattisgarh
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Services Mahanadi Bhawan Naya Raipur Post Office & W.P.(S)No.2508/2016 and other connected matters Page 52 of 77 Police Station Naya Raipur, District Raipur Chhattisgarh
2. Director, Directorate of Health Services, Block 1, Indrawati Bhawan 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur District Raipur Chhattisgarh
3. The Collector, Collectorate District Baldoa Bazar Bhatapara Chhattigarh
4. Chief Medical & Health Officer, Raipur, District Raipur Chhattisgarh
5. Chief Medical & Health Officer, Baloda Bazar, District & Thana Baloda Bazar Bhatapara Chhattisgarh
---- Respondents WPS No. 2976 of 2016 Gajendra Kumar Diwan S/o Dashrath Diwan, Aged about 33 years, R/o Village Hadapara, Post & Thana Kasdol, Tahsil & Distt. Baloda Bazar Bhatapara, (Chhattisgarh)
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Services, Mahanadi Bhawan, Naya Raipur, Post Office & Police Station Naya Raipur, Distt. Raipur, (Chhattisgarh)
2. Director, Directorate of Health Services, Block-1, Indrawati Bhawan, 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur, Distt. Raipur, (Chhattisgarh)
3. The Collector, Collectorate District Baloda Bazar Bhatapara, (Chhattisgarh)
4. Chief Medical & Health Officer, Raipur, Distrct Raipur, Thana Raipur, (Chhattisgarh)
5. Chief Medical & Health Officer, Baloda Bazar, District & Thana Baloda Bazar Bhatapara, (Chhattisgarh)
---- Respondents WPS No. 2949 of 2016 Anil Verma S/o Lachi Kumar Verma, Aged about 33 years, R/o Village Konkadi, Post & Thana Risda, Tahsil & District Baloda Bazar, Bhatapara Chhattisgarh
---- Petitioner Versus W.P.(S)No.2508/2016 and other connected matters Page 53 of 77
1. State of Chhattisgarh Through The Secretary, Department of Health Services, Mahanadi Bhawan, Naya Raipur, Post Office & Police Station Naya Raipur, District Raipur Chhattisgarh
2. Director, Directorate of Health Services, Block 1, Indrawati Bhawan, 3rd Floor, Naya Raipur Post Office & Police Station Naya Raipur District Raipur Chhattisgarh
3. The Collector, Collectorate District Baldoa Bazar Bhatapara Chhattigarh.
4. Chief Medical & Health Officer, Raipur, District Raipur Thana Raipur, Chhattisgarh
5. Chief Medical & Health Officer, Baloda Bazar, District & Thana Baloda Bazar Bhatapara Chhattisgarh
---- Respondents WPS No. 2961 of 2016 Sant Kumar S/o Purushottam Baghel, Aged about 24 years, R/o Village Bangabod, Post Soanrdevari Thana Kosdol, Tahsil & District Baloda Bazar Bhatapara Chhattisgarh
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary Department of Health Services Mahanadi Bhawan Naya Raipur Post Office & Police Station Naya Raipur, District Raipur Chhattisgarh
2. Director, Directorate of Health Services, Block 1, Indrawati Bhawan 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur District Raipur Chhattisgarh
3. The Collector, Collectorate District Baldoa Bazar Bhatapara Chhattigarh.
4. Chief Medical & Health Officer, Raipur, District Raipur Thana Raipur, Chhattisgarh
5. Chief Medical & Health Officer, Baloda Bazar, District & Thana Baloda Bazar - Bhatapara Chhattisgarh
---- Respondents WPS No. 2967 of 2016 Yogendra Kumar Banjare S/o Tirath Ram Banjare Aged about 27 years, R/o Village Khaira, Post & Thana Datan, Tahsil & Distt. Baloda Bazar Bhatapara (Chhattisgarh)
---- Petitioner W.P.(S)No.2508/2016 and other connected matters Page 54 of 77 Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Services Mahanadi Bhawan Naya Raipur Post Office & Police Station Naya Raipur Distt. Raipur (Chhattisgarh)
2. Director, Directorate of Health Services, Block- 1, Indrawati Bhawan 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur, Distt. Raipur (Chhattisgarh)
3. The Collector, Collectorate District Balodabazar Bhatapara (Chhattisgarh)
4. Chief Medical & Health Officer Raipur District Raipur, Thana Raipur (Chhattisgarh)
5. Chief Medical & Health Officer Balodabazar District & Thana Baloda Bazar Bhatapara (Chhattisgarh)
---- Respondents WPS No. 2951 of 2016 Markande Verma S/o Awadhram Verma, Aged about 28 years, R/o Village Chirpota, Post & Thana Kohraud, Tahisl & District Baloda Bazar Bhatapara Chhattisgarh
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Services Mahanadi Bhawan Naya Raipur Post Office & Police Station Naya Raipur, District Raipur Chhattisgarh
2. Director, Directorate of Health Services, Block 1, Indrawati Bhawan 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur District Raipur Chhattisgarh
3. The Collector, Collectorate District Baldoa Bazar Bhatapara Chhattigarh
4. Chief Medical & Health Officer, Raipur, District Raipur Chhattisgarh
5. Chief Medical & Health Officer, Baloda Bazar, District & Thana Baloda Bazar Bhatapara Chhattisgarh
---- Respondents And WPS No. 2976 of 2016 Gajendra Kumar Diwan S/o Dashrath Diwan, Aged about 33 W.P.(S)No.2508/2016 and other connected matters Page 55 of 77 years, R/o Village Hadapara, Post & Thana Kasdol, Tahsil & Distt. Baloda Bazar Bhatapara, (Chhattisgarh)
---- Petitioner Vs
1. State of Chhattisgarh Through The Secretary, Department of Health Services, Mahanadi Bhawan, Naya Raipur, Post Office & Police Station Naya Raipur, Distt. Raipur, (Chhattisgarh).
2. Director, Directorate of Health Services, Block-1, Indrawati Bhawan, 3rd Floor, Naya Raipur, Post Office & Police Station Naya Raipur, Distt. Raipur, (Chhattisgarh).
3. The Collector, Collectorate District Baloda Bazar Bhatapara, (Chhattisgarh).
4. Chief Medical & Health Officer, Raipur, Distrct Raipur, Thana Raipur, (Chhattisgarh).
5. Chief Medical & Health Officer, Balodabazar, District & Thana Baloda Bazar Bhatapara, (Chhattisgarh).
---- Respondents For Petitioners: Mr. Manoj Paranjpe, Mr. Neelkanth Malaviya, Mr. Anil Singh Rajput, Mr. Jitendra Pali, Mr. Sandeep Dubey, Mr. Sanjay Agrawal, Mr. Ajay Shrivastava, Mr. Raghavendra Pradhan and Mr. Lekhram Dhruw, Advocates.
For State/Respondents: Mr. Dhiraj Kumar Wankhede, Govt. Advocate.
Hon'ble Shri Justice Sanjay K. Agrawal C.A.V. Order
1. Invoking the extraordinary jurisdiction of this Court under Article 226 / 227 of the Constitution of India, the writ petitioners in this batch of writ petitions called in question the order dated 16-6-2016 (Annexure P-1) by which the respective petitioners have been dismissed from service finding that their appointment is illegal and irregular and which has been challenged as unsustainable and contrary to law.
W.P.(S)No.2508/2016and other connected matters Page 56 of 77
2. Essential facts necessary to decide the legality and otherwise of the impugned order states as under: -
2.1) The Chief Medical and Health Officer, Raipur on 13-6-
2012 issued an advertisement inviting applications for appointment on various posts for three districts namely, Raipur, Baloda Bazaar and Gariyaband, out of which we are concerned with only District Baloda Bazaar where the advertisement was issued for the posts of AG-3, Driver, Male Health Worker, Female Health Worker, Pharmacist Grade-II, Class-IV Employees, Ward Boy, Aaya, Ward Boy/Aaya, Washer-man, Chowkidar, Peon/Ward Boy and Sweeper, total 143 posts. Pursuant to the said advertisement, applications were received and a District Selection Committee was constituted to recommend the names of selected candidates for appointment in accordance with the Chhattisgarh Public Health and Family Welfare Department Non-Ministerial (related to the Directorate of Health Services) Class-III Service Recruitment Rules, 1989 (for short, 'the Rules of 1989'), but the District Selection Committee selected and appointed 272 candidates against 143 sanctioned and advertised posts.
Thereafter, a complaint was made to the Collector, Baloda Bazaar as well as to Hon'ble the Chief Minister of the State that the entire appointment is illegal and unadvertised posts have been filed and further posts have been added after the date of advertisement and even for unadvertised posts W.P.(S)No.2508/2016 and other connected matters Page 57 of 77 appointments have been made and, therefore, the entire appointment deserves to be set aside.
2.2) Preliminary enquiry was conducted by the In-charge Divisional Programme Officer and report was submitted to the Divisional Joint Director, Health Services and thereafter, on 9- 10-2015 by letter No.291, the Director, Heath Services issued a direction to the Collector, Baloda Bazaar to set aside the illegal appointments and the Director by letter No.293 dated 9- 10-2015 further directed the CMHO, Baloda Bazaar to set aside the illegal appointments against which W.P.(S) No.3879/2015 was filed before this Court. However, the said letter dated 9-10-2015 was withdrawn by the Director, Health Services by letter dated 17-11-2015. Pursuant to the letter No.291 dated 9-10-2015, the Collector constituted a committee consisting of Chief Executive Officer, Jila Panchayat, Baloda Bazaar; Joint Collector, Baloda Bazaar;
and District Treasury Officer, Baloda Bazaar for enquiring the matter. The said committee submitted its report on 29-2-2016 holding that against the advertised posts of 143 for 13 categories, 272 posts have been filled up for 18 categories.
Thereafter, show cause notice was issued by the CMHO, Baloda Bazaar to all the respective petitioners on 21-12-2015 which was replied by the respective petitioners on 5-1-2016 and considering the reply, on 16-6-2016, the order of dismissal from service has been passed. Feeling aggrieved W.P.(S)No.2508/2016 and other connected matters Page 58 of 77 and dissatisfied with the order of the CHMO, this batch of writ petitions have been filed.
3. Mr. Manoj Paranjpe, learned counsel appearing for the respective petitioners, leading the arguments on behalf of the petitioners would submit as under: -
3.1) The petitioners were appointed on the respective posts after following the due procedure of law. Not only this, the petitioners' services were later-on regularised and, therefore, once they are appointed in accordance with the rules, they cannot be terminated without affording reasonable opportunity of hearing and without conducting departmental enquiry as per applicable rules and as such, the order of dismissal from service without affording reasonable opportunity of hearing and without departmental enquiry is unsustainable and bad in law.
3.2) The impugned order passed by the CMHO only on the basis of direction issued by the Collector, who is neither disciplinary authority nor appointing authority of the petitioners, is unsustainable and bad in law. The impugned order has been passed by the CMHO at the direction and dictation of the superior authority.
3.3) No reasons have been assigned in the order passed by the CMHO and without applying its mind while dismissing the services of the petitioners the CMHO has terminated the services of the petitioners that too on the mere direction and W.P.(S)No.2508/2016 and other connected matters Page 59 of 77 dictation of the Collector, Baloda Bazaar. 3.4) The alleged show cause notices issued to the petitioners were a mere eyewash to complete the formality, as on the basis of enquiry report conducted beyond the back of the petitioners, decision to dismiss the petitioners from service had already been taken. Therefore, no real opportunity of hearing has been afforded to the petitioners, as such, the impugned order deserves to be set aside.
4. Mr. Neelkanth Malaviya, learned counsel appearing for the respective petitioners, would submit that the show cause notice issued to the petitioners was not in accordance with the rules, as the petitioners have acquired the status of regular employee, therefore, regular departmental enquiry ought to have been instituted against them and only after completion of departmental enquiry, the petitioners could have been dismissed from service and major penalty could have been imposed. Neither opportunity of hearing has been afforded to the petitioners nor regular departmental enquiry was conducted against them and at the belated stage, after forming an opinion, the show cause notice has been given to the petitioners. He relied upon the judgments of the Supreme Court in the matter of K.I. Shephard and others v. Union of India and others1 and H.L. Trehan and others v. Union of India and others2.
1 (1987) 4 SCC 431 2 (1989) 1 SCC 764 W.P.(S)No.2508/2016 and other connected matters Page 60 of 77
5. Mr. Sandeep Dubey, learned counsel for the respective petitioners, would submit that the show cause notice was not specific and on the basis of reply, no order was passed and those persons who are not named in the selection list by the District Selection Committee are still working. Learned counsel filed application along with documents obtained under the Right to Information Act, 2005 which would go to show that they were not appointed in accordance with law, yet they are working on the same posts. Therefore, the petitioners are working on the authority of law and those candidates who are not named in the select list are working without having been selected in accordance with law and rules. Thus, this will be a case of pick and choose and as such the writ petitions deserve to be allowed.
6. Mr. Raghavendra Pradhan, learned counsel for the respective petitioners, would submit that the petitioners having been appointed on the vacant posts can be dismissed only by following the rules applicable (the Rules of 1989) and due to dismissal from service, they are disqualified for future employment. He would further submit that the order impugned has been passed on the dictate of the Director, Health Services without following the procedure of law and therefore it is liable to be set aside.
7. Mr. Sanjay Agrawal, Mr. Anil Singh Rajput and Mr. Ajay Shrivastava, learned counsel appearing for the respective W.P.(S)No.2508/2016 and other connected matters Page 61 of 77 petitioners, would reiterate the submissions what has been argued herein-above by Mr. Manoj Paranjpe, learned counsel, which has been noted herein-above.
8. Mr. Dhiraj Kumar Wankhede, learned Government Advocate appearing on behalf of the State/respondents, would submit that only 143 posts of 13 categories were notified by the advertisement whereas, the CMHO appointed 272 candidates and after due enquiry, 121 candidates have been dismissed from service. It is a case where the allegations of mass irregularity have been levelled and established and huge number of ineligible candidates were selected and appointed thereafter. He would further submit that the principles of natural justice have been complied with and the petitioners were given show cause notice and they have submitted reply and thereafter, they have been dismissed from service upon due application of mind. The petitioners were appointed in accordance with the rules applicable in case of Class-III employees i.e. the Chhattisgarh Public Health and Family Welfare Department Non-Ministerial (related to the Directorate of Health Services) Class-III Service Recruitment Rules, 1989.
He would also submit that the aforesaid Rules of 1989 would apply in case of Class-III employees, whereas for Class-IV employees separate rules of 1989 would apply. The petitioners having been appointed in excess of advertised posts cannot be said to be appointed in accordance with the W.P.(S)No.2508/2016 and other connected matters Page 62 of 77 rules and their names were not included in the list recommended by the District Selection Committee, they were added beyond the back by the CMHO, therefore, their appointment has rightly been recalled by the appointing authority CMHO and as such, the writ petitions deserve to be dismissed.
9. I have heard learned counsel for the parties and considered the rival submissions made on behalf of the respective parties and also gone through the material available on record with great care and caution.
10.The question for consideration is whether the appointing authority is justified in setting aside/revoking the appointment of 121 employees out of which these petitioners have filed these writ petitions in batch.
11.Advertisement for recruitment on the posts of Assistant Grade-
3, Driver, Male Health Worker, Female Health Worker, Pharmacist Grade-II, Class-IV Employees, Ward Boy, Aaya, Ward Boy/ Aaya, Washer-man, Chowkidar, Peon/Ward Boy and Sweeper for District Baloda Bazaar was advertised on 13- 6-2012. Details of the posts advertised, total 143, are as under: -
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dz inuke dqy fjDr vukjf{kr vtk- vttk vfio ;ksx
in la[;k
W.P.(S)No.2508/2016
and other connected matters
Page 63 of 77
1- lgk;d xzsM&3 26 13 4 6 3 26
2- Okkgu pkyd 5 2 1 1 1 5
3- iq:"k LokLFk; 40 21 6 8 5 40
dk;ZdrkZ
4- Ekfgyk LokLF; 30 15 5 6 4 30
dk;ZdrkZ
5- QkeZflLV xzsM&2 7 3 1 2 1 7
6- PkrqqFkZ Js.kh 2 1 0 1 0 2
deZpkjh
7- CkkMZ C;k; 2 1 0 1 0 2
8- vk;k 11 5 2 3 1 11
9- OkkMZ C;k;@vk;k 3 2 0 1 0 3
10- /kksch 4 2 1 1 0 4
11- PkSkdhnkj 4 2 1 1 0 4
12- Hk`R;@okMZ C;k; 4 2 1 1 0 4
13- Lohij 5 2 1 1 1 5
12.It is not in dispute that appointment for the said posts is governed by the Chhattisgarh Public Health and Family Welfare Department Non-Ministerial (related to the Directorate of Health Services) Class-III Service Recruitment Rules, 1989.
In the said Rules, methods of recruitment is provided in Rule
6. Rule 3 provides that without prejudice to the generality of the provisions contained in the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961, these rules shall apply to every member of the service. Direct recruitment by selection is one of the methods of recruitment. Rule 7 states that all appointments to the vacancies arising in any category or post in the service after the commencement of these rules shall be made by the appointing authority and no such appointments shall be made except after selection by one of W.P.(S)No.2508/2016 and other connected matters Page 64 of 77 the methods of recruitment specified in rule 6. Conditions of eligibility of direct recruits is prescribed in Rule 8. Under Rule 10, the committee's decision about the eligibility of candidates has been made final. Under Rule 11, selection for recruitment to the service has to be held at such intervals as the appointing authority may determine from time to time. Rule 12 provides that the committee shall forward to the appointing authority a list arranged in order of merit of the candidates who may have qualified by such standards as may be determined by the committee. Sub-rule (2) of Rule 12 provides that subject to the provisions of these rules and the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961, candidates shall be considered for appointment to the available vacancies from the list in the order in which their names appear in the list. Rule 16 provides for select list and states that the appointing authority shall consider the list prepared by the Committee and unless it considers any change necessary approved the list. Rule 17 provides for appointment in the service form the select list and states that appointments of the persons included in the list of the posts borne on the cadre of the service shall follow the order in which the names of such persons appear in the select list.
Rule 20 provides for relaxation and states that nothing contained in these rules shall be construed as to limit or abridge the powers of the Governor to deal with the case of W.P.(S)No.2508/2016 and other connected matters Page 65 of 77 any person to whom these rules apply, in such a manner as may appear to him to be just and equitable.
13.As stated above, in accordance with the Rules, 143 posts were advertised and after due process, selection process was completed on 8-3-2013 and the committee finalised and recommended the names of selected candidates (in Baloda Bazaar to which we are concerned) under Rule 12 of the Rules of 1989. Appointments were required to be made only of 143 advertised posts.
14.It is the case of the State Government that the Collector, Baloda Bazaar received series of complaints in writing alleging that in the selection process of 2014-15, mass illegalities and irregularities have been committed by the appointing authority while appointing and appointment has been made over and above the advertisement which was issued for various posts. Persons whose names were not included in the select list have been appointed and even appointments were made for the posts which have not been advertised. The matter was got enquired by the Joint Director, Health Services, Raipur and he submitted report before the Director, Health Services and irregularities in the selection process were found. After preliminary enquiry by the Joint Director, Health Services, the Joint Director submitted report to the Director, Health Services who in turn, directed the Collector, Baloda Bazaar to initiate enquiry and conclude the W.P.(S)No.2508/2016 and other connected matters Page 66 of 77 same and upon enquiry, it revealed that though pursuant to the advertisement dated 13-6-2012, 143 posts were advertised, but the then CMHO not only filled 143 posts but filled 272 posts and appointed 129 persons without any authority of law. Thereafter, on 9-10-2015, the Director, Health Services directed the CMHO, Baloda Bazaar to cancel all the appointments made in pursuance to the advertisement dated 13-6-2012. In the meanwhile, on 27-10-2015, the Collector, appointed three-members committee of Chief Executive Officer, Jila Panchayat, Baloda Bazaar; Joint Collector, Baloda Bazaar; and District Treasury Officer, Baloda Bazaar to examine the matter and submit report.
Subsequently, on 17-11-2015, the Director, Health Services, passed order cancelling the order dated 9-10-2015 whereby he ordered to cancel all illegal appointments, which was later-
on withdrawn, as it was passed without giving opportunity of hearing as the writ petitions were filed before this Court. After receipt of the copy of enquiry, the CMHO issued show cause notices to all the candidates, the petitioners herein, to submit their reply and the candidates submitted reply before the enquiry committee in due time and after considering the submissions made by the petitioners in writing, the CMHO on 21-12-2015 issued notices to the petitioners and sought their reply which was submitted by the petitioners on 5-1-2016 and thereafter, the impugned order dated 16-6-2016 was passed.
W.P.(S)No.2508/2016and other connected matters Page 67 of 77 In the enquiry by the enquiry committee, it was found that in each of the grades, the CMHO had appointed 16 more candidates of Pharmacist Grade-II, Class-IV - 11, Ward Boy -
22, Aaya - 10, Chowkidar - 4, Peon / Ward Boy - 13, Sweeper - 10, Female Health Worker - 2, Male Health Worker - 9 and Driver - 4, total 101 posts, and further found that 20 posts being that of Dresser Grade-II - 7, OT Attendant
- 6, Mens Servant - 2, Cook - 3, Dark Room Assistant - 1 and Lab Assistant - 1, total 20 candidates in addition to the advertised posts were appointed for which neither the District Level Committee has made recommendations nor any advertisement was issued by public notification. Thus, total 121 posts were filled-up by making appointment in which neither the District Level Committee has made recommendations as per the Rules of 1989 nor any advertisement was issued, as such they were over and above the advertised posts.
15.The question would be whether the CMHO is justified in including the additional posts for recruitment over and above the number of vacancies advertised / notified and making the appointment on those posts after the selection process is over.
16.It is well settled law that any appointment in violation of Articles 14 and 16 of the Constitution of India would be void.
It would be a nullity. (See Secretary, State of Karnataka v.
W.P.(S)No.2508/2016and other connected matters Page 68 of 77 Umadevi (3)3.)
17.The Supreme Court in the matter of State of U.P. v. Neeraj Awasthi4 has held that there was no power in the State under Article 162 of the Constitution to make appointments and even if there was any such power, no appointment could be made in contravention of statutory rules.
18.In the matter of Union Public Service Commission v. Girish Jayanti Lal Vaghela5, the Supreme Court has held that a regular appointment to a post under the State or Union cannot be made without issuing advertisement in the prescribed manner which may in some cases include inviting applications from the employment exchange where eligible candidates get their names registered. Any regular appointment made on a post under the State or Union without issuing advertisement inviting applications from eligible candidates and without holding a proper selection where all eligible candidates get a fair chance to compete would violate the guarantee enshrined under Article 16 of the Constitution of India.
19. It is quite apparent that 101 posts over and above the advertised posts were filled by making illegal appointment for which there was no recommendation by the District Selection Committee under Rule 12 of the Rules of 1989 and for 20 posts, even no advertisement was issued by the CMHO for 3 (2006) 4 SCC 1 4 (2006) 1 SCC 667 5 (2006) 2 SCC 482 W.P.(S)No.2508/2016 and other connected matters Page 69 of 77 filling-up of those posts.
20. Law in this regard is very much well settled. It has been held that filling up of vacancies over and above the number of vacancies advertised would be violative of the fundamental rights granted under Articles 14 and 16 of the Constitution of India. (See Union of India v. Ishwar Singh Khatri 6, Gujarat State Dy. Executive Engineer Assn. v. State of Gujarat7, State of Bihar v. Secretariat Asstt. Successful Examinees Union, 19868, Prem Singh v. Haryana SEB9, Surinder Singh v. State of Punjab10 and Kamlesh Kumar Sharma v.
Yogesh Kumar Gupta11.)
21. In the matter of Rakhi Ray and others v. High Court of Delhi and others12, Their Lordships of the Supreme Court have considered the earlier decisions on the point and clearly held that appointment made beyond the number of vacancies advertised is without jurisdiction, being violative of Articles 14 and 16(1) of the Constitution of India, thus, a nullity, in-
executable and unenforceable in law and held in paragraph 12 as under:-
"12. In view of above, the law can be summarised to the effect that any appointment made beyond the number of vacancies advertised is without jurisdiction, being violative of Articles 14 and 16(1) of the Constitution of India, thus, a nullity, in- 6 1992 Supp (3) SCC 84 7 1994 Supp (2) SCC 591 8 (1994) 1 SCC 126 9 (1996) 4 SCC 319 10 (1997) 8 SCC 488 11 (1998) 3 SCC 45 12 (2010) 2 SCC 637 W.P.(S)No.2508/2016 and other connected matters Page 70 of 77 executable and unenforceable in law. In case the vacancies notified stand filled up, the process of selection comes to an end. Waiting list, etc. cannot be used as a reservoir, to fill up the vacancy which comes into existence after the issuance of notification/advertisement. The unexhausted select list/waiting list becomes meaningless and cannot be pressed in service any more."
22. The law laid-down in Rakhi Ray (supra) has been followed with approval by Their Lordships of the Supreme Court in the matter of Smt. K. Lakshmi v. State of Kerala13. The aforesaid decision has been followed and it has been held that appointment to an additional post would deprive candidates who were not eligible for appointment to the post on the last date of submission of the applications mentioned in the advertisement and who became eligible for appointment thereafter or the opportunity of being considered for such appointment. Paragraphs 15, 16, 17, 18 and 19 of the report state as under:-
"15. The legal position regarding the power of the Government to fill up vacancies that are not notified is settled by several decisions of this Court. Mr. Rao relied upon some of those decisions to which we shall briefly refer. In Rakhi Ray v. High Court of Delhi, (2010) 2 SCC 637, this Court declared that the vacancies could not be filled up over and above the number of vacancies advertised as recruitment of the candidates in excess of the notified vacancies would amount to denial of equal opportunity to eligible candidates violative of Articles 14 and 16(1) of the Constitution of India. This Court observed:
"It is settled law that vacancies cannot be filled up over and above the number of vacancies advertised as recruitment of the 13 (2012) 3 SCR 581 W.P.(S)No.2508/2016 and other connected matters Page 71 of 77 candidates in excess of the notified vacancies is a denial being violative of Articles 14 and 16(1) of the Constitution of India."
16. In Hoshiar Singh v. State of Haryana14, also this Court held that appointment to an additional post would deprive candidates who were not eligible for appointment to the post on the last date of submission of the applications mentioned in the advertisement and who became eligible for appointment thereafter or the opportunity of being considered for such appointment. This Court observed:
"The appointment on the additional posts on the basis of such selection and recommendation would deprive candidates who were not eligible for appointment to the posts on the last date for submission of applications mentioned in the advertisement and who became eligible for appointment thereafter, of the opportunity of being considered for appointment on the additional posts."
17. In State of Haryana v. Subhash Chander Marwaha15, this Court held that the Government had no constraint to make appointments either because there are vacancies or because a list of candidates has been prepared and is in existence. So, also this Court in Shankarsan Dash v. Union of India16, UPSC v. Gaurav Dwivedi17, All India SC & ST Employees' Association v. A. Arthur Jeen 18 and Food Corporation of India v. Bhanu Lodh19, held that mere inclusion of a name in the select list for appointment does not create a right to appointment even against existing vacancies and the State has no legal duty to fill up all or any of the vacancies.
18. In the light of the above pronouncements the power vested in the Government under Rule 39 (supra) could not have been invoked for filling up the vacancies which had not been advertised and 14 1993 Supp (4) SCC 377 15 (1974) 3 SCC 220 16 (1991) 3 SCC 47 17 (1999) 5 SCC 180 18 (2001) 6 SCC 380 19 (2005) 3 SCC 618 W.P.(S)No.2508/2016 and other connected matters Page 72 of 77 which had occurred after the issue of the initial advertisement much less could that be done for purposes of protecting the service of someone who had found a place in the merit list on account of additional marks given to him and who was bound to lose that place by reasons of the judgment of the Court.
19. The upshot of the above discussion is that the number of vacancies notified for recruitment remained limited to six and did not get increased to ten as the condition precedent for such increase had failed not only because no decision was taken by the Government to invoke its power under Rule 39 but also because even if a decision had been taken the same would have had no effect in the face of the judgment in Jayachandran's case. Besides the power vested in the Government was not exercisable so as to utilise subsequent vacancies for the purpose of saving someone who had no legitimate right to continue even after being removed from the merit list."
23. Very recently, in the matter of State of Orissa v. Sasmita Pattnaik20, the Supreme Court has held that filling up of vacancies over and above the number of vacancies advertised would be violative of the fundamental rights granted under Articles 14 and 16 of the Constitution of India.
The Supreme Court observed in paragraphs 14 and 17 as under: -
"14. In the circumstances, in the absence of any statutory authority or justification either for Respondent No.2 or the appellant herein to create a Select List far in excess of the number of vacancies advertised, such a Select List, in our opinion, is unsustainable as it is contrary to the stipulation in Rule 9 that "The list so prepared by the Commission shall be equal to the number of vacancies notified." Any claim based on such a legally untenable Select List by anyone of the members included therein seeking appointment to 20 AIR 2017 SC 1418 W.P.(S)No.2508/2016 and other connected matters Page 73 of 77 any post beyond the notified number of posts is absolutely untenable in law.
17. Apart from the logical inconsistency of the first stipulation i.e. there cannot be any more successful candidates remaining in the list once the list of successful candidates has been exhausted, the prescription of the rule that vacancies occurring after the recruitment process could be filled up by the candidates who applied (and participated in the recruitment process) for the posts existing on the date of the notification is clearly unconstitutional. (See State of U.P. and others v. Rajkumar Sharma and others21, paragraph 13.)"
24. Thus, the appointment of 101 candidates including the petitioners herein who were appointed over and above the number of vacancies advertised is clearly violative of Articles 14 and 16 of the Constitution of India and further 20 candidates / petitioners who were appointed even without issuance of advertisement is also clearly violative of Articles 14 and 16 of the Constitution. Therefore, such an appointment of the petitioners can appropriately be called as "illegal appointment" contrary to and in violation of the Rules of 1989 and would be void and illegal.
25. In this regard, a decision of the Supreme Court in the matter of Inderpreet Singh Kahlon and others v. State of Punjab and others22 is quite relevant as well as pertinent. The Supreme Court has held that appointment made in violation of Articles 14 and 16 of the Constitution would be void and it would be a nullity. The Supreme Court observed that if the 21 (2006) 3 SCC 330 22 (2006) 11 SCC 356 W.P.(S)No.2508/2016 and other connected matters Page 74 of 77 finding is arrived that selection process was tainted and illegality was committed while making selection, such an appointment would be illegal. Paragraphs 41 and 42 of the report read as follows: -
"41. If the services of the appointees who had put in few years of service were terminated, compliance with three principles at the hands of the State was imperative viz. (1) to establish satisfaction in regard to the sufficiency of the materials collected so as to enable the State to arrive at its satisfaction that the selection process was tainted; (2) to determine the question that the illegalities committed go to the root of the matter which vitiate the entire selection process. Such satisfaction as also the sufficiency of materials were required to be gathered by reason of a thorough investigation in a fair and transparent manner; (3) whether the sufficient material present enabled the State to arrive at a satisfaction that the officers in majority have been found to be part of the fraudulent purpose or the system itself was corrupt.
42. Once such findings were arrived at, all appointments traceable to the officers concerned could be cancelled. But admittedly, although there had been serious imputations against Shri Sidhu being at the helm of the affairs of the Commission, all decisions made by the Commission during his tenure are yet to be set aside. We do not intend to enter into the said controversy as we were informed at the Bar that the High Court itself is in seisin of the matter. We may, however, note that Mr Dwivedi in his usual frankness stated that there may not be any answer to that query."
26. Similarly, the Supreme Court in the matter of Rakesh Kumar Sharma v. State (NCT of Delhi) and others 23, has clearly held that the court has no obligation to protect an illegal appointment, extraordinary power should be used to advance 23 (2013) 11 SCC 58 W.P.(S)No.2508/2016 and other connected matters Page 75 of 77 the cause of justice and not to defeat the rights of others or create arbitrariness. Paragraph 23 of the report reads as under: -
"23. There is no obligation on the court to protect an illegal appointment. Extraordinary power of the court should be used only in an appropriate case to advance the cause of justice and not to defeat the rights of others or create arbitrariness. Usurpation of a post by an ineligible candidate in any circumstance is impermissible. The process of verification and notice of termination in the instant case followed within a very short proximity of the appointment and was not delayed at all so as to even remotely give rise to an expectancy of continuance."
27. Likewise, in the matter of Om Prakash Mann v. Director of Education (Basic) and others24, the Supreme Court held as under: -
"10. Admittedly, the enquiry was also initiated against the appellant when he was on probation. It is well-settled principle of law that if the probationer is dismissed/terminated during the period of probation no opportunity is required to be given and, therefore, the question of violation of principle of natural justice does not arise in the given facts of this case."
28. The Supreme Court in the matter of Union of India and others v. O. Chakradhar25 has held that where the allegations of illegalities and irregularities or corruption or discrimination or nepotism in conducting a selection is alleged, in appropriate case, the employer may not be required to adhere to the principles of natural justice.
29. Reverting back to the facts of the case, it is quite apparent that 24 (2006) 7 SCC 558 25 (2002) 3 SCC 146 W.P.(S)No.2508/2016 and other connected matters Page 76 of 77 in the instant case, the CMHO has issued notices to the petitioners and the petitioners have filed detailed reply and after consideration of detailed reply, the impugned order revoking their appointment has been passed. It is not the case where the principles of natural justice have not been observed, but it is true that no charge-sheet has been issued which was not required, as the petitioners were not appointed in accordance with the rules because for 101 posts they were appointed over and above the advertised posts and as far as 20 other petitioners/candidates are concerned, the posts on which they were appointed were not advertised. Once it is found that it is a case of illegal appointment and they were not the legally appointed persons, regular departmental enquiry was not required to be instituted and conducted for revoking the appointment of those candidates/petitioners herein.
30. Learned counsel appearing for the petitioners would submit that some persons appointed so are still working, therefore, the petitioners are also entitled to continue. It is well-settled law that no writ can be issued to perpetuate the illegality.
31. In the considered opinion of this Court, the petitioners' appointment was clearly illegal for two reasons, (1) 101 posts filled-up are over and above the advertised posts; and (2) 20 candidates were filled-up on the posts, without even issuance of any advertisement inviting applications, which was clearly in violation of Articles 14 and 16 of the Constitution of India, as W.P.(S)No.2508/2016 and other connected matters Page 77 of 77 held by the Supreme Court in Umadevi (3)'s case (supra) and as such, such appointment is not only void, but it is a nullity.
Therefore, the learned CMHO is absolutely justified in revoking their appointment after affording opportunity of hearing. However, the CMHO while revoking their appointment should not have directed to dismiss their services, rather he could have revoked their order of appointment. Therefore, the order impugned dismissing the services of the petitioners is hereby modified. It is held that the appointment of the petitioners is hereby revoked/ cancelled, however, the said cancellation/ revocation of their appointment would not be a bar for their future employment, if any.
32. As a fallout and consequence of aforesaid discussion, the writ petitions are dismissed subject to the aforesaid modification that the appointment of the petitioners would stand cancelled and the effect of cancellation of appointment would be without any stigma on the petitioners and they will be entitled to apply for employment, if any, in future. No order as to cost(s).
Sd/-
(Sanjay K. Agrawal) Judge Soma