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2011 Supreme(MP) 1147

S.R.ALAM, ALOK ARADHE
Mission Director, RCH/NRHM – Appellant
Versus
Ranjit Jain – Respondent


Advocates Appeared:
Mr.P.K.Kaurava and Mr.Tabrez Sheikh, Advocates for the Appellant, Mr.Praveen Dubey, Advocate for the Respondent No.1, Mr.Devesh Bhojne, Advocate for the Respondent No.2.

JUDGMENT

In this intra-Court appeal the appellant has assailed the validity of the order dated 11-1-2011 passed in Writ Petition No. 13272/2009 (S) by which the writ petition preferred by the respondent No. 1 has been allowed. In order to appreciate the appellant's challenge to the impugned order, relevant facts need mention which are stated infra.

2. The State Health Mission is a project which is run by the State Government. The respondent No. 1 vide order dated 13-12-2006 was appointed on the post of District Accounts Manager by the Commissioner, Health Services and Mission Director, State Health Mission on contract basis for a period of two years on a consolidated salary of Rs. 15,000/-. The services of respondent No. 1 were extended for a period of one year, i.e., upto 10-1-2010. The service conditions of the respondent No. 1 are governed by an agreement executed between the respondent No. 1 and the Chief Medical & Health Officer. The copy of the agreement dated 20-2-2009 has been placed on record as Annexure P-6.

3. It is the case of the respondent No. 1 that District Project Manager, namely, Shri Abhilash Kaushal Tripathi (respondent No. 2 herein) is a person having political co








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