SMT SHWETA SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner seeks a direction to the respondents to grant annual grade increment from the date of initial appointment and consequential benefits of service, arrears, interest etc.

(2.) THE indisputable facts, in nutshell, relevant for the adjudication of the case, are that the petitioner was initially appointed on compassionate basis on the post of Auxiliary Nurse cum Midwife (for short 'the ANM') on 01.10.1994 (Annexure P/1) by the Chief Medical & Health Officer, Bilaspur, on the death of her husband namely Late Jitendra Kumar Sahu, who died in harness. THE appointment order provided that the petitioner was required to undergo 18 months training of Multipurpose Health Worker (Female) by an institute, run by the Government. THEreafter, the name of the petitioner should be registered with Mahakoshal Nurses Registration Council and should be renewed time to time to keep registration valid. According to the averment of the petitioner, the petitioner made an application on 28.03.1999 (Annexure P/2) to forward her name for training of Multipurpose Health Worker (Female). THE petitioner was relieved on 13.7.2000 (Annexure P/3) for attending the training programme at Multipurpose Health Worker Training Institute, Raigarh. THEreafter, it is not clear as to why the petitioner did not attend the institute and complete the training programme. THE name of the petitioner was again referred on 01.09.2006 (Annexure P/5) for training and for the said purpose, she was relieved on 06.09.2006 (Annexure P/6). THE Chief Medial & Health Officer, Raigarh, informed to the respondent No. 2 that it was not possible for him to permit joining of petitioner for training as the session of training started in January 2006, and most of the training course had been complete. Thus, she may be sent thereafter. It appears that thereafter, the name of the petitioner was sent and the petitioner has completed her training in the year 2010, as averred by the learned counsel for the petitioner.

(3.) HAVING considered the rival contentions of learned counsel appearing for the parties, perused pleadings and documents appended thereto, it is evident that the appointment of the petitioner was on compassionate basis and the same was not a regular appointment as the petitioner did not have the qualification as prescribed in the statute, i.e. passing of Higher Secondary Examination under 10+2 system, 18 months training course of Female Health Worker and registration with Nurses Registration Council.