Mission Director, National Health Mission vs Usha Joshi And Others

Raghvendra Singh Chauhan, CJ

The Mission Director, National Health Mission, the appellant, has challenged the legality of the order dated 05.01.2021, passed by a learned Single Judge in Writ Petition (S/S) No. 1858 of 2019, whereby the learned Single Judge has directed the appellant-respondent to consider the case of the petitioners de novo for the grant of honorarium to them in view of the guidelines issued by the Central Government in the year 2013-14.

This Court has asked a pointed query to the learned counsel for the appellant, namely whether the direction issued by the learned Single Judge limits the discretionary power of the appellant to reject the case of the petitioners, or not? To this query, the learned counsel has frankly conceded that, in fact, the direction issued by the learned Single Judge has no such effect on the powers of the appellant.

Thus, obviously the direction issued by the learned Single Judge is an innocuous order. The order does not dilute the discretionary power of the appellant to reject the petitioner's case, if necessary. Hence, the appellant is free to either accept, or reject the case of the petitioners for the grant of honorarium to them in view of the guidelines issued by the Central Government in the year 2013-14.

For the reasons stated above, this Court does not find any merit in the present Special Appeal. It is, hereby, dismissed.