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2025 DAILYLAW 12889 (CHH)

BABITA DUTTA, v. STATE OF CHHATTISGARH

WPS/1863/2020 · 2025-07-24

Shri Naresh Kumar Chandravanshi

body2025

Judgment text

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1 2025:CGHC:36263 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1863 of 2020 1 - Babita Dutta, D/o Shri Basant Kumar Dutta, Aged About 35 Years R/o A/ 19, Phase I, Vijayapuram, Sarkanda, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh --- Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, Naya Raipur Chhattisgarh 492015, District : Raipur, Chhattisgarh 2 - Department Of Health And Family Welfare, Through Secretary, Mahanadi Bhawan, Naya Raipur Chhattisgarh 492015, District : Raipur, Chhattisgarh 3 - Director, Directorate Health Services, Third Floor, Indrawati Bhavan, Naya Raipur Chhattisgarh 492015, District : Raipur, Chhattisgarh 4 - Divisional Joint Director Health Services, State Mental Health Centre Campus, Sendri, Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 5 - Chief Medical And Health Officer, District Hospital, Bilaspur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 6 - Civil Surgeon Cum Chief Hospital Superintendent, Bilaspur, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh 7 - Block Medical Officer, Public Health Centre, Kota, District Bilaspur, Chhattisgarh., District : Bilaspur, Chhattisgarh --- Respondents For Petitioner : Mr. Abhyuday Singh, Adv. For Respondent(s) : Mr. Rajeev Bharat, Govt. Adv. (Hon’ble Mr. Naresh Kumar Chandravanshi, J) Order on Board 25/07/2025 1. The petitioner has preferred this writ petition under Article 226 of the Digitally signed by AVANISH KUMAR PATHAK Date: 2025.08.01 15:13:43 +0530 2 Constitution of India seeking following reliefs :- “10.1 It is prayed that this Hon'ble Court may kindly be pleased to call the entire records of the case. 10.2 It is prayed that this Hon'ble Court may kindly be pleased to issue an appropriate writ directing the Respondents to grant posting and Charge as Staff Nurse to the Petitioner at Government Health Centre, Chingrajpara, Bilaspur as per transfer order dated 23.08.2019. 10.3 It is prayed that this Hon'ble Court may kindly be pleased to issue an appropriate writ directing the Respondents to grant for immediate posting to the Petitioner by taking appropriate steps if there is any cogent reason for denying her the Charge as Staff Nurse at Government Health Centre, Chingrajpara, Bilaspur 10.4 It is prayed that this Hon'ble Court may kindly be pleased to issue an appropriate writ directing the Respondent to disburse the due salary of the Petitioner. 10.5 Any other relief, which this Hon'ble Court, may deem fit and proper, in the facts and circumstances of the case. 2. Learned counsel for the petitioner would submit that, after filing instant petition, the petitioner has been permitted to join on her transferred place of posting i.e. Shahari Swasthya Kendra, Chingrajpara, Distt. Bilaspur in pursuance of transfer order dated 23-8-2019 and she has joined at aforesaid place on 31-3-2021. After her joining, she is being paid her salary, but for 9 months, i.e. prior to her joining, no salary has been paid to her by respondent authorities. Therefore, he submits that, 3 this petition may be disposed of granting liberty to the petitioner to file a fresh representation for redressal of her grievance with regard to non-payment of her salary of 9 months. 3. Learned counsel for the respondents/State has no objection to allow the limited prayer made by the learned counsel for petitioner. 4. On due consideration, prayer made by learned counsel for the petitioner is allowed. This writ petition is disposed of granting liberty to the petitioner to file fresh representation along with a copy of this order, within a period of 15 days from today before the concerned respondent/competent authority for redressal of her grievance with regard to non-payment of her salary of 9 months. If such representation is filed by the petitioner, then the respondents/ competent authority is directed to consider and decide the same within a further period of 60 days from the date of receipt of representation. It is further observed that, in the event of any due found in favour of the petitioner, then it be disbursed to her, within a further period of 20 days. 5. This writ petition is accordingly disposed of. 6. Pending interlocutory application(s), if any, stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge Pathak