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2025 DAILYLAW 13471 (CHH)

Rukmani Kanwar v. State Of Chhattisgarh

WPS/136/2017 · 2025-07-30

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:37582 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 136 of 2017 1 - Rukmani Kanwar W/o Jagdish Singh, Aged About 42 Years Occupation- Staff Nurse, Posted At Community Health Center, Kartala, Distt. Korba Chhattisgarh, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Director, Health Services, Chhattisgarh, Raipur, Distt. Raipur Chhattisgarh, Chhattisgarh 2 - Divisional, Joint Director, Health Services, Bilaspur, Dist. Bilaspur Chhattisgarh, District : Bilaspur, Chhattisgarh 3 - Chief Medical And Health Officer, Korba, District Korba, Chhattisgarh., District : Korba, Chhattisgarh 4 - Block Health Officer, Community Health Center, Kartala, District Korba Chhattisgarh, District : Korba, Chhattisgarh ---- Respondents For Petitioner : Mr. Shubham Tripathi, Advocate holding the brief of Mr. Awadh Tripathi, Advocate For State : Mr. Vedant Shadangi, PL Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 31.07.2025 1. The petitioner has filed this petition seeking the following relief(s) : “10.1 That, this Hon'ble Court may kindly be pleased to allow the petition and quashed the order dated 05.12.2016 (Annexure P/1) passed by the respondent no. 2 and the petitioner may kindly be continue on the post of staff nurse. 10.2 That, any other relief which this Hon'ble Court deems fit and proper may also kindly be granted to the petitioner in the interest of justice along with cost of the petition.” REKHA SINGH -2- 2. Mr. Tripathi, learned counsel appearing for the petitioner would submit that the order of promotion of the petitioner to the post of Staff Nurses was cancelled on 29.11.2018 on the ground that the petitioner was not having requisite qualification for post of Staff Nurse. He would submit that the State has already amended the Recruitment Rules, 2020 on 11.06.2020 and General Nursing Midvisory Course has been included as requisite qualification for the post of Staff Nurse. He would submit that in other districts, the order of cancellation of promotions have been cancelled by the appropriate authority and subsequent promotion orders have been issued. He would, submit that the petition may be disposed of reserving liberty in favour of the petitioner to make representation(s) in the light of the subsequent developments and amendment inserted in the service rules. 3. No objection from other side. 4. Taking into consideration the limited prayer made by Mr. Tripathi, this petition, at this juncture, is disposed of reserving liberty in favour of the petitioner to make representation before respondent No.2 and in turn, the authority concerned is directed to take appropriate decision preferably within a period of 30 days from the date of receipt of copy of this order. 5. For a period of 30 days, the interim order granted earlier shall continue. Sd/- (Rakesh Mohan Pandey) Judge Rekha