IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA th ON THE 6 OF SEPTEMBER, 2023 WRIT PETITION No. 9205 of 2018 BETWEEN:-

SMT. UMA DWIVEDI W/O SHRI SHESHMANI DWIVEDI, AGED ABOUT 41 YEARS, OCCUPATION: ASHA DAL SAMNVAYAK R/O VILL. CHOURA BLOCK AND TEH. RAMPUR BAGHELAN DISTRICT SATNA (MADHYA PRADESH)

.....PETITIONER (BY MS. RANNO RAJAK - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THR. ITS PRINCIPAL SECRETARY HEALTH DEPARTMENT VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. THE MISSION DIRECTOR NATIONAL RURAL HEALTH MISSION BHOPAL (MADHYA PRADESH)

3. THE COLLECTOR SATNA DISTRICT SATNA (MADHYA PRADESH)

4. THE CHIEF MEDICAL AND HEALTH OFFICER DISTRICT HOSPITAL SATNA DISTRICT SATNA (MADHYA PRADESH)

5. THE BLOCK MEDICAL OFFICER COMMUNITY HEALTH CENTRE RAMPUR BAGHELAN DISTRICT SATNA (MADHYA PRADESH)

6. CHIEF EXECUTIVE OFFICER JANPAD PANCHAYAT RAMPUR BAGHELAN DISTRICT SATNA (MADHYA PRADESH)

7. PADMA SINGH W/O BHUPENDRA SINGH R/O KHUKHADA KATHOR DISTRICT SATNA (MADHYA PRADESH)

Signature Not Verified Signed by: PRARTHANA .....RESPONDENTS (BY SHRI MOHAN SAUSARKAR - GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the following:

ORDER

This petition under Article 226 of Constitution of India has been filed seeking following reliefs:-

"A. It is, therefore, prayed that this Hion'ble Court may kindly be pleased to direct the Respondent No.4 to 6 to appoint the petitioner as Asha Dal Samnvayak in compliance of order dated 15.06.2009 (P/1) as soon as possible.

B. It is therefore, prayed that this Hon'ble Court may kindly be pleased to direct the respondent to decide/consider the claim of the petitioner as soon as possible.

C. It is, therefore, prayed that this Hon'ble Court may kindly be pleased to direct the respondents to permit the petitioner to join as Asha Dal Samanvayak and release the salary/pay to the petitioner.

D. Any other relief as deemed fit and proper in the circumstances of this case, along with the cost of this writ petition be also awarded."

2. It is submitted by the counsel for the petitioner that against the order of appointment of respondent No.7 on the post of Asha Group Coordinator, the petitioner preferred a revision which was registered as Case No.16/revision/08-09. The said revision was allowed by Collector, Satna by order dated 15.06.2009 and appointment of the respondent No.7 was set aside and it was directed that the petitioner be given appointment on the post of Asha Group Coordinator. Although the respondents have issued order dated 23.07.2009 to the petitioner to submit her joining which was done by the petitioner on 24.07.2009 but neither the work was taken nor any appointment order was issued, nor payment of salary has been made.

Signature Not Verified Signed by: PRARTHANA

3. The respondents have filed their return and have stated that by communication dated 14.10.2010 (Annexure-R/3), the Collector, Satna was informed by CMHO, Satna that the provision for the post of Asha Group Coordinator has been withdrawn and no payment has been made to any of the Asha Group Coordinator for the year 2009-2010. It was further informed that the petitioner has not performed her duties because no district level training was ever given to her. Since the post of Asha Group Coordinator itself was abolished by the Directorate by order dated 14.09.2009, therefore, the petitioner was not allowed to work against the post of Asha Group Coordinator.

4. Heard learned counsel for the parties.

5. It appears that by order dated 15.06.2009, the Collector, Satna had directed the respondents to appoint the petitioner on the post of Asha Group Coordinator, however, by order dated 14.09.2009, Directorate had abolished the aforesaid post.

6. Under these circumstances, respondent did not take any work from the petitioner. The said act cannot be said to be contrary to law. Furthermore the post was abolished in the year 2009 and the order of Collector, Satna was also passed on 15.06.2009 but thi