Court No. - 58
Case :- WRIT - A No. - 16127 of 2018 Petitioner :- Dinesh Singh And 18 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vijay Kumar Singh,Shiv Kumar Gupta Counsel for Respondent :- C.S.C.,Hemendra Kumar Mishra
Hon'ble Ashwani Kumar Mishra,J.
Following orders were passed in the matter on 01.08.2018:-
"Petitioners were engaged through service provider for performing different work in the National Health Mission. They are continuing since the year 2013. It is contended that in 22 districts of the State, further continuance of such persons is with the District Health Society and their engagement through the service provider has been discontinued. Submission is that in Jaunpur also, similar arrangements is liable to be make.
Sri H.K. Mishra appearing for the respondent no.2, and learned Standing Counsel appearing for the other State Authorities, may obtain instructions.
Put up in the additional cause list on 8.8.2018"
After hearing counsel for the parties, this Court proceeded to pass the following orders on 09.08.2018:-
"Learned counsel for the petitioners is permitted to correct the description of respondent no.2 in the array of parties.
Following orders were passed in the matter on 1.8.2018:-
"Petitioners were engaged through service provider for performing different work in the National Health Mission. They are continuing since the year 2013. It is contended that in 22 districts of the State, further continuance of such persons is with the District Health Society and their engagement through the service provider has been discontinued. Submission is that in Jaunpur also, similar arrangements is liable to be make.
Sri H.K. Mishra appearing for the respondent no.2, and learned Standing Counsel appearing for the other State Authorities, may obtain instructions.
Put up in the additional cause list on 8.8.2018."
Although the matter has been adjourned on the previous occasion also, but instructions on the relevant aspect is awaited.
It would, therefore, be appropriate to direct the Mission Director, National Health Mission i.e. respondent no.2 to file his personal affidavit, clarifying the stand of the department concerned by filing his personal affidavit.
Put up in the additional cause list on 21st August, 2018. "
The respondent no. 2, in terms of the previous order passed, has filed his personal affidavit, in which it is stated that the authority at the district level, i.e., the District Health Society, is the competent authority and in case, if it takes a decision, as has been taken by the authority at Pratapgarh, the concerned respondent, i.e., respondent no. 2, would have no objection.
In view of the stand taken by the respondent no. 2, it would be appropriate to dispose of this petition permitting the petitioners to approach the District Health Society, Jaunpur, within a period of two weeks from today, in respect of their grievance, which shall be considered in light of observations made above and in accordance with law, within a further period of three months thereafter.
Order Date :- 21.8.2018 Amit Mishra