SUMITRA Vs. UNION OF INDIA

JUDGEMENT

(1.) THESE four writ petitions have been filed by certain women, who claim to have been selected as Accredited Social Health Activists (ASHAs for short), under a Scheme of the Government of India, known as National Rural Health Mission and adopted by the State Government. Their Wher repor t er s of t he l ocal paper s m be al l ow t o see t he j udgm ? het ay ed ent case is that some of them are working as ASHAs, from 2006 and some from 2007, but now another Scheme has been introduced by the State Government, known as Mahila Gram Panchayat Swasthya Sahaiyika Scheme (MGPSSS for short) and when implementing its aforesaid Scheme, State Government intends to do away with the services of the petitioners. They have, therefore, approached this Court for (i) quashing the Scheme, introduced by the State Government, (ii) directing the respondents to continue with ASHAs, (iii) restraining the State Government from training Anganwari workers, for appointment to the posts under MGPSSS, (iv) restraining the State Government from appointing persons under MGPSSS, (v) directing the respondents to distribute first aid kits, received from the Central Government, to ASHAs, (vi) restraining the State Government and its functionaries, impleaded as respondents 2 and 4, from diverting the funds, received from Central Government, under National Rural Health Mission, towards its own MGPSSS and (vii) directing the respondents to pay the funds, received from the Central Govt. to ASHAs against their claims for TA/DA.

(2.) WRIT petitions were filed, initially against the Union of India, State of H.P., Director, Health Services and Director, Social Justice. Persons, who have been selected to undergo training under MGPSSS, moved application for their impleadment as respondents. Their applications were allowed and they have been impleaded as respondents.

(3.) IN view of the aforesaid reply of the State Government and its functionaries, no orders are required to be passed. The Scheme of the State Government does not affect the petitioners or their alleged status / claim as ASHAs, in any manner. Writ petitions are disposed of accordingly. Pending applications shall also stand disposed of.