Court No. - 16
Case :- WRIT - A No. - 8882 of 2018 Petitioner :- Smt. Rita Mishra Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Akhilanand Mishra Counsel for Respondent :- C.S.C.,A.S.G.I.,Hemendra Kumar Mishra
Hon'ble Ashwani Kumar Mishra,J.
Petitioner was engaged on contractual basis in the National Rural Health Mission. She is aggrieved by an order dated 31.1.2018, passed by the Chief Medical Officer, Kushinagar, which records that petitioner's work since has not been found to be satisfactory, as such, the engagement is discontinued. The order is challenged primarily on the ground that no reasons are recorded for arriving at a satisfaction that petitioner's services are not satisfactory. It is also stated that no notice or opportunity has been afforded to the petitioner, although adverse remarks have been made with regard to her working.
Learned Standing Counsel as well as Sri H.K. Mishra, learned counsel for the respondents submits that as the petitioner is only a contractual employee, she may be permitted to represent before the authority concerned.
In the facts and circumstances, this writ petition stands disposed of permitting the petitioner to represent the respondent no.4 in the matter alongwith certified copy of this order within two weeks from today. The authority concerned shall afford an opportunity of hearing to the petitioner and thereafter take a fresh decision with regard to engagement of petitioner in the scheme. The required decision shall be taken within a further period of six weeks thereafter. The order under challenge shall abide by the fresh orders to be passed in the matter, as indicated above.
Order Date :- 29.3.2018 Ashok Kr.