W.P. No.7135 / 2010
21 /06/2010:
Heard Shri Brajesh Choubey, learned counsel for the
petitioners, on the question of admission and interim relief.
The petitioners have filed this petition claiming benefit of
Circular dated 05/03/2002, issued by the Directorate of Health
Services and also submits that similar petitions filed by the other
similarly situated employees have been disposed of with
appropriate directions to the respondents.
Legal position as stated above is not disputed by Shri S.S.
Bisen, learned Govt. Advocate, appearing for the
State/respondents on advance copy.
In the circumstances, without entering into the merits of
the case, the petition is disposed of with a direction to the
respondent authorities that in case the petitioners file a fresh
representation along with a copy of the order passed today in this
petition a copy of the petition filed before this Court within
fifteen days before the competent authority, the said authority
shall consider the petitioner’s representation keeping in mind the
facts of this case as well as all facts available and pass
appropriate orders thereon expeditiously, preferable, within a
period of three months thereafter.
It is made clear that this Court has not expressed any
opinion on the merits of the case, therefore, the authorities would
be at liberty to consider and decide the petitioners representation
keeping all the facts in mind and thereafter either accepting or
rejecting the petitioners representation.
With the aforesaid directions, the petition stands disposed
of.
C.C. as per rules.
(Rajendra Menon)
Judge
Mrs.mishra