W.P.(S) No. 148 of 2016. Case: Ganesh Ravani and Ors. Vs State of Jharkhand and Ors.. Jharkhand High Court
| Case Number | W.P.(S) No. 148 of 2016 |
| Counsel | For Appellant: Khushboo Kataruka, Advocate and For Respondents: Chanchala Jain, J.C. to A.A.G. |
| Judges | Ananda Sen, J. |
| Issue | Service Law |
| Judgement Date | February 23, 2017 |
| Court | Jharkhand High Court |
Judgment:
Ananda Sen, J.
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In this writ petition, the petitioners have prayed for quashing the impugned criteria inserted vide order dated 9.12.2015, which was published in the Advertisement dated 23.12.2015, by which the petitioners stood disqualified from participating in the Selection Process. Further a prayer has been made to issue a writ of mandamus to allow the petitioners to apply in the newly created posts of Multi-Purpose Health Workers (for short 'MPHWs') under the National Vector Borne Disease Control Programme.
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The National Vector Borne Disease Control Programme is a programme of National Health Mission, which was launched in the State of Jharkhand in the year 2007-08. For implementation of the said programme, Multi Purpose Health Workers were employed under the scheme. A guideline was formulated wherein, the eligibility criteria for selection of workers was prescribed. Pursuant to the direction of the Central Government, an Advertisement was issued for engagement of Multipurpose Health Workers (MPHWs), on contract, for a period of one year. The petitioners claim that pursuant to the said advertisement, they applied and subsequently they were selected and appointed on different dates vide different notifications ranging from 5.12.2013 to 28.5.2014.
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The petitioners' claim is that they were assured that their respective contract would be extended, but nothing was done and their appointments stood expired on 30.9.2014. The Central Government vide letter No. 7(35) 2014-NRHM-I dated 23.6.2014 has directed the State Government to create requisite number of post of MPHWs, if such services are required beyond 30.9.2014 and fill them on a regular basis. The Principal Secretary, Department of Health, Medical Education and Family Welfare, Govt. of Jharkhand vide letter No. 23.9.2014 informed the Mission Director of National Health Mission, Government of India that in view of the active role of MPHWs in surveillance and control of vector borne diseases, the State Government has initiated the process of their absorption in the programme as Surveillance Workers/Superior Field Workers. It is alleged by the petitioners that the State Government time and again issued public statement and newspaper articles that on account of conclusion of NHM Scheme for Malaria control, the State Government has decided to absorb all the 1892-2000 (approx.) MPHWs in the Health Department. It has also been stated that it was decided by the State that 1892...
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