ORDER

01]

This petition has been filed by the petitioner under Article 226 of the Constitution of India against the order dated 25.5.2022, passed by the respondent no.1 Chief Medical Health Officer (CMHO), District Rajgarh whereby, the petitioner who was earlier posted as ASHA Worker, her representation for the post of ASHA Sahyogi (Assistant), has been rejected on the ground that the petitioner has not worked from 01.03.2013 to 05.08.2019. 02]

In brief, the case of the petitioner is that she was initially appointed on the post of ASHA worker on 01.02.2012, at Gram, Hariyala Vikas Khand District Rajgarh and has worked on the said post till 2019. Thereafter the petitioner was selected as ASHA Sahyogi through the selection list dated 18.11.2020, where her name appeared at serial no.1 of the said list (Annexure P-3) as she secured 59.66 marks in the said selection process whereas the respondent no.5 secured 35.05 marks and was at serial no.2. 03] The case of the petitioner is that despite securing the first position, she was not appointed as ASHA Sahyogi and thus, she filed W.P.No.9030/2022 before this Court on 18.4.2022, which was disposed of by this Court on 25.4.2022 directing the petitioner to submit a detailed representation along with the requisite documents before the respondent no.1 CMHO, District Rajgarh, and consequent to that the petitioner also submitted her representation on 29.4.2022 before the respondent no.1 which has been rejected by the CMHO vide its order dated 25.5.2022, which is under challenge in this petition before this Court.

04] Shri Akash Rathi, learned counsel for the petitioner has submitted that the impugned order is bad in law for the reason that it has been passed on the premise that the petitioner has not been able to demonstrate that she has worked from 01.03.2013 to 05.8.2019 on the post of ASHA worker as she has not filed any valid pass book statements etc., to demonstrate that she has taken the salary as ASHA worker. It is further submitted that the aforesaid order has been passed without affording any opportunity to the petitioner to submit her bank passbook as the petitioner was continuously working on the post of ASHA worker in the office of CMHO, District Rajgarh, and a certificate to this effect has also been issued by the Block Medical Officer (Annexure P-11) dated 30.10.2019 that the petitioner is working from 1.2.2012 and is an active ASHA worker. 05]

Counsel for the petitioner has also drawn attention of this Court to the Bank statement which is placed on record, in which, it is apparent that she has received the salary as ASHA worker from 01.1.2013 to 10.12.2015. It is submitted that thereafter the petitioner was not paid the salary for which she has also raised grievance. It is also submitted that subsequently she was also given ASHA work incentives rewards for which various receipts have also been issued to her on work basis. The documents regarding which are also placed on record. She has also been issued a certificate to this effect that the petitioner is an active worker and she has worked on the post of ASHA Worker. Thus, it is submitted that there was no reason for the respondent no.1 to pass the impugned order holding that the petitioner has not worked on the said post.

06]

Counsel for the petitioner has also submitted that even in the reply filed by the respondents no.1 to 4, they have stated that the petitioner was working at Maa Anjani Sankrit School Gram Hariyala run under the Vivekanand Sanskrit Siksha Samiti and from the office of Block Resource Coordinator, Janpad Siksha Kendra Block Khilchipur, District Rajgarh (Biaora) vide certificate dated 19.9.2023, and has stated that the petitioner was employed in the said School, which started from 15.6.2013. 07] Shri Gaurav Verma, learned counsel for the respondent no.5

has submitted that no case for interference is made out as t