1 2025:CGHC:1392 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 123 of 2025 1. Moolshankar Sahu S/o Late Narayan Singh Sahu Aged About 38 Years Presently Working As RHO in Health and Wellness Canter Korra, Tahsil Bhakhara, District Dhamtari, Chhattisgarh. 2. Smt. Dipti Dewangan W/o Leelaram Dewangan Aged About 39 Years, presently Working as RHO (Women) in Health and Wellness Canter Kosmarra, Tahsil Bhakhara, District Dhamtari, Chhattisgarh. ... Petitioner(s) versus 1. State of Chhattisgarh Through Principal Secretary Health Department, Mahanadi Bhawan, Atal Nagar, Mantralay, New Raipur, District Raipur, Chhattisgarh. 2. Chief Medical and Health Officer District Dhamtari, Chhattisgarh. Digitally signed by RAGHVENDRA JAT 2 3. Smt. Durga Sahu W/o Devendra Kumar Sahu Aged About 38 Years Presently Working as RHO (Women) Health And Wellness Center Ranigaon, Tahsil Nagari, District - Dhamtari Chhattisgarh ... Respondent(s) For Petitioners : Mr. T.K. Jha, Advocate. For Respondent/State : Ms. Ayushi Agrawal, Panel Lawyer. For Respondent No. 3 : Mr. D.N. Prajapati, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 09/01/2025 1. By way of this petition, the petitioners have prayed for following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to allow the petition and direct the CHMO, Dhamtari to relieve the petitioners to attend training pursuant to order dated 05.08.2024 (Annexure P/1), in the interest of justice.” 2. Brief facts of the case, is that, petitioner No. 01 has been appointed on the post of RHO (Rural Health Organizer) on 03.10.2009 and petitioner No. 2 has been appointed on 09.01.2012 on the same post. the Petitioners have submitted their applications for departmental training for AOA for the year 2023- 24. In the meanwhile, the employees went on strike in connection with their pending demands. The Government 3 declared the strike illegal and imposed Essential Services Maintenance Act (ESMA), but letter on this order was withdrawn. Thereafter the Director, Health Services issued an order that the pending applications for employees who were participated in the strike are rejected. The Chief Municipal Officer forwarded the application of petitioners to the Director Health Services on 02.11.2023. Thereafter, Deputy Director issued an order and clarified that the session 2023-24 is going to over. Therefore, the pending applications of the employees will be considered for the year 2024-25 and action for permission will be carried out. The petitioners had submitted their applications for training for the year 2023-24 before 31.03.2023. As per the order of State Government dated 02.11.2023 since there was strike and petitioners were not allowed to participate in the training program for the year 2023-24, and letter on State Government allowed the answering respondents and other employees to participate in the training programe for the year 2024-2025 vide order dated 05.08.2024 as a result there are the names of the petitioners appeared in the order dated 05.08.2024. After the issuance of list dated 05.08.2024, the petitioners have taken admission in the BIR TIKENDRAJIT UNIVERSITY and university conformed their admission on 28.08.2024. Pursuant to admission the Block Medical Officer relived the petitioners on 04.09.2024. The 4 petitioners made applications to CMHO, Dhamtari for reliving them to attend training course. In the meanwhile respondent No. 03- Smt. Durga Sahu and one filed WPS No. 5309 of 2024, and, there was no interim order passed by the Hon'ble High Court, however, the CMHO, Dhamtari refused to relieve the petitioners and orally directed them to join their duties. The petitioners joined their duties complying the orders of CHMO, Dhamtari. 3. Learned counsel for the petitioners submits that their names were sent for training and they have also got admission in the BIR Tikendrajit University, however, looking to the pendency of WPS No. 5309/2024 they were not relieved for training by CHMO, Dhamtari as such necessary directions are required to be issued to the CHMO, Dhamtari to relive them for the said training. 4. Considering the aforesaid fact that the WPS No. 5309/2024 filed by Smt. Durga Sahu and one has already been dismissed. The CHMO, Dhamtari is directed to relieve the petitioners for the training for which they were selected. 5. With this observation, the instant petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat