1 2025:CGHC:35605 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2140 of 2021 1 - Dr. Anupama Sindram D/o Shri Shyam Kumar Kaushik Aged About 28 Years Posted As Medical Officer District Hospital , Baikunthpur , District Koriya R/o Khadgawan, District Koriya Chhatitsgarh., District : Koriya (Baikunthpur), Chhattisgarh 2 - Dr. Ankita Neha Minj D/o Mr. Vijay Kumar Minj Aged About 27 Years Posted As Medical Officer, Community Health Center, Bagicha, District Jashpur , R/o Mahuapara, Ambikapur , District Surguja Chhattisgarh. 3 - Dr. Minakshi Patel D/o Shri Y.K. Patel Aged About 26 Years Posted As Medical Officer, Maternal And Child Health, Bilha District Bilaspur , R/o Bahatri, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 4 - Dr. Gyaneshwar Sahu S/o Shri Pushp Kumar Sahu Aged About 27 Years Posted As Medical Officer, Primary Health Center, Silyari, District Raipur , R/o Koteshwar Nagar, Kota, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 5 - Dr. Ashank Banjare S/o Dr. Anuj Ram Banjare Aged About 32 Years Posted As Medical Officer, District Hospital , District Bilaspur , R/o Vasundhara Nagar, Ring Road 2, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 6 - Dr. Vibhor Lall S/o Mr. Vinay Kumar Lall Aged About 31 Years Posted As Medical Officer, Primary Health Center, Medesara , District Durg, R/o Pragati, Nagar , Risali, Bhilai, District Durg Chhattisgarh., District : Durg, Chhattisgarh 7 - Dr. Shubham Singh Yadav S/o Shri Awdhesh Kumar Yadav Aged About 27 Years Posted As Medical Officer, District Hospital , District Surajpur , R/o Baikunthpur , District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 8 - Dr. Jyotsna Bharti D/o Shri Krishna Kumar Bharti Aged About 29 Years Posted As Medical Officer, Primary Health Center, Rasmada, District Durg, R/o Nehru Nagar, Junwani Bhilai, District Durg Chhattisgarh., District : Durg, Chhattisgarh 9 - Dr. Ujjawala Tandon D/o Shri P.R. Tandon Aged About 27 Years Posted As Medical Officer, Maternal And Child Health , Bemetara , District Bemetara, R/o Krishna Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 10 - Dr. Devagaya Chandrakar S/o Shri C.P. Chandrakar Aged About 27 Years Posted As Medical Officer, Community Health Center, Utai, District Durg, R/o Risali, Bhilai , District Durg Chhattisgarh., District : Durg, Chhattisgarh 11 - Dr. Shardha Tirkey D/o Shri Jaipal Tirkey Aged About 27 Years Posted As Medical Officer, Civil Hospital , Pathalgaon, District Jashpur , R/o Kunkuri, District 2 Jashpur Chhattisgarh., District : Jashpur, Chhattisgarh 12 - Dr. Shubham Vaishnav S/o Shri Rewati Raman Vaishnav Aged About 33 Years Posted As Medical Officer, Maternal And Child Health, Bilha, District Bilaspur , R/o Shubham Vihar , District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary , Department Of Health And Family Welfare , Mahanadi Bhawan, Mantralaya , New Raipur , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 2 - Principal Secretary Finance Department , Mantralaya Mahanadi Bhawan, Nava Raipur Atal Nagar, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 3 - Secretary General Administration Department Mantralaya, Mahanadi Bhawan, Nava Raipur , Atal Nagar , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4 - Director Department Of Health Services , Indravati Bhawan, Nava Raipur , Atal Nagar , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 5 - Additional Chief Secretary Finance Department Mantralaya, Mahanadi Bhawan, Nava Raipur , Atal Nagar , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 6 - Joint Secretary Finance Department Mantralaya, Mahanadi Bhawan, Nava Raipur , Atal Nagar , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 7 - Under Secretary Finance Department Mantralaya, Mahanadi Bhawan, Nava Raipur , Atal Nagar , District Raipur Chhattisgarh., District : Raipur, Chhattisgarh ... Respondent(s) For Petitioners : Shri Harshmander Rastogi, Advocate. For Respondent/State : Ms. Shailja Shukla, Dy. G.A. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 23.07.2025 1. The petitioner has filed this petition seeking the following reliefs:- “10.1) That, this Hon'ble Court may kindly be pleased to quash the applicability of the finance order 21/2020 dated 29/07/2020 (Annexure P/1) vis a vis the Petitioners and the terms and conditions may be fixed in consistence of the original advertisement dated 08/05/2020 and as per the 3 Chhattisgarh Medical Officer (Gazetted) Services Recruitment Rules, 2013. 10.2) That, this Hon'ble Court may kindly be pleased to quash the correction order dated 27/10/2020 (Annexure P/5) issued against the Petitioners. 10.3) That this Hon'ble Court may kindly direct the respondent State to fix the payscale of the Petitioners as per the Chhattisgarh Medical Officer (Gazetted) Services Recruitment Rules, 2013, as per the concerned Advertisement dated 08/05/20 and as per the first recruitment order. ID 10.4) That this Hon'ble Court or may alternatively be pleased to direct the respondents to consider the wages/renumeration of the petitioners in pursuance to the wages received by the Contractual Medical Officers. 10.5) That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.” 2. The petitioners, in the present Writ Petition, have challenged the Finance Order No.21/2020, dated 29.7.2020 (Annexure P-1) issued by the Finance Department, Government of Chhattisgarh, Raipur, whereby the probation period of fresh recruits has been fixed to be 3 years instead of 2 years as it was earlier. 3. The petitioners have also questioned the Corrigendum dated 27.10.2020 (Annexure P-5) whereby the Respondents have amended the earlier issued Appointment Orders to the extent of extending the period of probation from 2 years to 3 years. 4. The petitioners have also sought a relief of an appropriate direction to the Respondents for providing them with the pay scale according to the terms of the advertisement. 4 5. Brief facts relevant to the disposal of the present Writ Petition are that all the Petitioners herein had applied for the post of Medical Officers pursuant to the advertisement dated 8.5.2020 (Annexure P-2) for appointment in the Department of Health and Family Welfare, Government of Chhattisgarh. The Petitioners were found meritorious and orders of appointment were issued in their favour on 27.10.2020. Thereafter, the order dated 27.10.2020 (Annexure P-5) was issued, whereby the probation period was enhanced to 3 years from 2 years. 6. Subsequent to the advertisement dated 8.5.2020, the State Government had published the Finance Order No.21/2020, dated 29.7.2020 (Annexure P-1). Vide the said Finance Order, the State Government amended sub-rule 1 of Rule 8 of the Chhattisgarh Civil Services (General Conditions of Service) Rules, 1961 (henceforth shall be referred to as "The Rules of 1961"). By way of the amendment to the Rules of 1961, the State Government had enhanced the period of probation of new recruits from 2 years to 3 years. At the same time, the State Government also amended sub-rule 1 of Rule 22(c) of the Fundamental Rules, prescribing the stipend payable to government servants selected by way of direct recruitment. In terms of the amendment made to the Fundamental Rules, during the probation period of 3 years, the Government servant would get payment of 70% for the first year, 80% for the second year and 90% for the third year and on successful completion of the 3 years' probation period, the employee would get 100% payment. This action on the part of the respondents is under challenge through the present Writ Petition. 5 7. The challenge by the Petitioners is on the ground that when the recruitment has been done in terms of the Advertisement dated 8.5.2020, the probation period as well as the payment payable to a probationer should be according to the rules prevailing on the date of the Advertisement, i.e, on 8.5.2020. It is also the contention of the Petitioners that the recruitment has been made on the post of Medical Officer by way of a direct recruitment and the service conditions governing the field are the Chhattisgarh Medical Officers (Gazetted) Service Recruitment Rules, 2013. Under the said Rules, Clause 13 specifically provides for two-year probation period and in the absence of any amendment to the said Rules, applying the Finance Order dated 29.7.2020 and enforcing the amendment to the Rules of 1961 is per se illegal and contrary to law. According to the Petitioners, during the currency of the recruitment process, the rules of the game cannot be changed, which is detrimental to the interest of the Petitioners, and on this ground also, the Petition deserves to be allowed and the Petitioners should be granted a suitable and appropriate relief. 8. On the other hand, learned counsel for the State would submit that the issue involved in the present case has already been decided in WP(S) No.2090 of 2021 (Dr. Nikita Gupta and Ors. vs. State of Chhattisgarh and Ors.) vide order dated 10.6.2021 and the said order has been affirmed by the Division Bench in W.A. No.52 of 2022. 9. I have heard learned counsel for the parties and perused the documents present on the record. 6 10. The issue involved in the present case has already been decided in Writ Appeal No. 52 of 2022, wherein the following observations were made in paragraphs 26, 28 & 29:- “26. While it is correct as contended by Mr. Rohit Sharma that some of the persons selected were appointed prior to issuance of Notification dated 28.07.2020 and thus, are enjoying the benefit of salary as well as probation period of two years, the same cannot be a ground to extend such benefit to the persons who were appointed after issuance of the Notification dated 28.07.2020. Applicability of the amendment would depend on the date of appointment. So far as grant of relaxation to Doctors are concerned, it is the stand taken by the State that there was overwhelming necessity for recruitment of Doctors in the wake of Covid-19 pandemic and as there was reluctance to join government service with changed conditions due to the amendment, to meet the exigency of the situation, recourse was taken to relax the rules for the Doctors. There is no gainsaying the fact that the Doctors had a pivotal role to play during the Covid-19 pandemic and they were aptly called as Covid-19 warriors. In view of the extraordinary situation created by Covid-10 pandemic, no fault can be found in granting relaxation to the Doctors in large public interest for combating the situation and the petitioners, in the circumstances, cannot claim parity with the Doctors. 28. The petition filed by the aspirants is not maintainable as the same has been filed on a contingent condition that if petitioners get appointed in future against any Government Post, they will get stipend for three years. In our opinion no cause of action had arisen for petitioners aspiring for recruitment to government service. 29. In the light of the above discussion and the judgments passed by the Hon'ble Supreme Court, we do not find violation of Articles 14 or 21 of the Constitution of India or any unreasonableness, arbitrariness in the decision making process whereby the impugned amendments have been brought and executive instructions for implementation of the amended Rules had been issued. Therefore, all the writ petitions fail and are hereby dismissed. No order as to costs.” 11. Taking into consideration the above-stated facts, this petition fails and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) Judge Rekha