ATUL PANDEY AND 13 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF MEDICAL HEALTH AND FAMILY WELFARE LKO. AND 4 OTHERS
WRIA/12955/2025 · 2025-11-07
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 173326 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 173326 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 12955 of 2025 Court No. - 7 HON'BLE MANISH MATHUR, J.
1. Heard learned counsel for petitioners, learned State Counsel for opposite party Nos.1, 2, 4 & 5 and Mr.Puneet Chandra, learned counsel for opposite party No3. 2. Petition has been filed seeking a direction to authority concerned to regularize services of petitioners on the post of Community Health Officers under the National Heath Mission. 3. Learned counsel for petitioners submits that petitioners have been engaged in service on Community Health Officers on contract basis vide order dated 01.08.2018 and are continuously engaged as such. He has adverted to the operational guidelines on Ayushman Bharat: Comprehensive Primary Health Care through Health and Wellness Centers under National Health Mission to submit that the guidelines specifically provide for absorption of contractual employees as regular Mid-Level Health Service Providers (MLHPs) who had rendered six years of service delivered at Health Welfare Centres (HWCs) after qualifying examination for that purpose. 4. He has also adverted to the letter dated 27.11.2019 issued by the In- charge, Mission Director to the Director General, Health & Family Welfare seeking creation of substantive posts. It is therefore submitted that petitioners would be entitled for absorption/regularization in terms of aforesaid guidelines. Versus Counsel for Petitioner(s) : Dinesh Kumar, Nikhil Pandey Counsel for Respondent(s) : C.S.C., Puneet Chandra Atul Pandey And 13 Others .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Medical Health And Family Welfare Lko. And 4 Others .....Respondent(s)
5. Learned counsel for opposite parties, on the basis of instructions, have refuted the submissions advanced by learned counsel for petitioners with the submission that guidelines operational in nature are not binding and only a provision has been indicated. It is submitted that until and unless some substantive rules are notified, petitioners do not have any right for absorption or regularization. 6. Upon consideration of learned counsel for parties and perusal of material on record, it is evident that petitioners have placed reliance only on the operational guidelines as well as letter dated 27.11.2019. Admittedly, petitioners have been engaged in service on contractual basis and with such contract being extended from time to time.
In the considered opinion of this Court, the operational guidelines would not have any binding force upon the opposite parties for absorption/regularization of petitioners until and unless some rules or regulations or notifications are issued to that effect for creation of substantive posts for same. 7. In view thereof, at this stage, this Court does not find any occasion to grant relief to the petitioners, who, however, will be at liberty to approach this Court again in case any such notifications are issued or posts are created substantively. 8. With the aforesaid observations and directions, petition stands disposed of. November 7, 2025 lakshman WRIA No. 12955 of 2025 2 (Manish Mathur,J.) Digitally signed by :- LAKSHMANA KUMAR TAMMANA High Court of Judicature at Allahabad, Lucknow Bench