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1996 (7) TMI 599

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..... trict of Jaipur by providing all amenities and facilities for proper running of the said health centre. 2, The facts, bereft of unnecessary details as unfolded are:-- On the basis of demands of the local people and public at large, the Government of Orissa in the Department of Health and Family Welfare decided to open certain primary health centres in different areas for the year 1991-92 subject to fulfilment of certain conditions. The aforesaid decision was communicated to the concerned authorities by letter No. 23501 dated 21-6-1991. In the said communication, the name of 'Pachhikote Gram Panchayat' in Korei Block found place. The conditions which are to be fitted up are as follows:-- "(i) The local people should provide .....

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..... f the primary health centre in 'Pachhikote' Grama Panchayat. The Chief District Medical Officer, opposite party No. 3 provided necessary plan for construction of the building for the health centre and the staff quarters and the construction commenced on the basis of the said plan. While building work was in continuance in order to avail the benefits of functioning of primary health centre at Pachhikote Grama Panchayat, by resolution dated 29-7-1993 the Grama Panchayat resolved to provide their well furnished newly constructed Grama Panchayat office building for the purpose of holding of Primary Health Centre till the completion of the new building. The Block Development Officer, Korei in his letter No. 1903 dated 31-7-1993 requested .....

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..... ed by the opposite parties wherein it has been indicated that though opening of Primary Health Centre was sanctioned at 'Pachhikote' yet the same could not start functioning due to the controversy between the rival groups and the filing of a writ application bearing O.J.C. No. 6237 of 1994. That apart, the conditions enumerated in the order of sanction have not been satisfied as one acre of land has not been pledged in favour of the Panchayat Samiti and the building at Pachhikote has not been completed for the medical institution and the staff quarters have not been constructed. Therefore, as further averred, the Doctor who was posted at Pachhikote P.H.C. has been permitted/allowed to work at P.H.C., Korei. 4-5. A rejoinder has bee .....

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..... to provide full co-operation and render all facilities for smooth functioning of the primary health centre. 6. We have heard Sri Pradipta Mohanty for the petitioner and Sri R.P. Mohapatra, learned Additional Standing Counsel for the State and its functionaries. Sri Mohanty has contended that the inaction of the agencies of the State is absolutely uncalled for and are unsupportable. He has urged with vehemence that efforts are being consistently made to deprive the people of. 'Pachhikote' Grama Panchayat to have a Primary Health Centre at Pachhikote. The conditions stipulated in the order of sanction have been substantially complied with, yet the authorities on some pretext or other are not making endeavour to make the health centr .....

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..... try like ours, it may not be possible. to have sophisticated hospitals but definitely villagers of this Country within their limitations can aspire to have a Primary Health Centre. The Government is required to assist people, and its endeavour should be to see that the people get treatment and lead a healthy life. Healthy society is a collective gain and no Government should make any effort to smother it. Primary concern should be the primary health centre and technical fetters cannot be introduced as subterfuges to cause hindrances in the establishment of health centre. We have seen that the Grama Panchayat had transferred the land measuring one acre in favour of the Department of Health but still insistence is being made to pledge it in f .....

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..... . Keeping in view the entire gamut of facts, considering the public orientated genesis, and on a conspectus of prevalent scenario, we direct that the Pachhikote Grama Panchayat should comply with the formalities relating to condition No. (ii) by end of Dec. 1996 and the Secretary, Health would depute a responsible officer to visit the building meant for hospital and give in writing his suggestions to the competent authorities of the Grama Panchayat for due compliance of the formalities. We expect the Secretary, Health to depute the officer bimonthly so that the authorities of the Grama Panchayat and the Health Department can work in mutuality. It needs no special emphasis to State that they are expected to work in harmony and reciprocity. W .....

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