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2025 DAILYLAW 20815 (CHH)

CHHATTISGARH PRADESH SWASTHYA KARMCHARI SANGH v. STATE OF CHHATTISGARH

WPS/3594/2021 · 2025-08-04

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:38712 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3594 of 2021 * - Chhattisgarh Pradesh Swasthya Karmchari Sangh Registered Address Near DKS Bhawan (Old Mantralaya) , Raipur , District Raipur Chhattisgarh, Through Its Regional General Secretary, Shri Alok Mishra , S/o Late Shri Harishankar Mishra, Aged About 53 Years , Presently Working As And Posted At Male Supervisor , Community Health Centre , Abhanpur , Tehsil Abhanpur , District : Raipur, Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through Its Chief Secretary , Government Of Chattisgarh, Mahanadi Bhawan , Nava Raipur , District Raipur Chhattisgarh Pin Code 492 002., District : Raipur, Chhattisgarh 2 - Special Secretary Department Of Finance , Government Of Chhattisgarh , Mantralaya , Mahanadi Bhawan, Nava Raipur , District Raipur Chhattisgarh Pin Code 492002 3 - Director Health Services Directorate Health Services , Third Floor , Indrawati Bhawan , Nava Raipur , District Raipur Chhattisgarh Pin Code 492002 ... Respondents For Petitioner : Mr. Yashkaran Singh, Advocate holding the brief of Mr. K. Rohan, Advocate For Respondents/State : Ms. Neelima Singh Thakur, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 05/08/2025 1. The petitioner has filed this petition seeking the following relief(s):- 10.a) Call for the entire records pertaining to the present case. 10.b) Issue a Writ of Certiorari quashing and setting aside the impugned Order dated 22.04.2021 (ANNEXURE – P/1) whereby 1 Days’ Salary from the Salary of the Health Workers (Petitioner Digitally signed by RAMESH KUMAR VATTI Date: 2025.08.07 20:16:32 +0530 2 Union’s members) for the month of April, 2021 has been unilaterally and forcefully deducted by the State Authorities. 10.c) Issue a Writ of Mandamus directing the State Authorities to refund the amount deducted from the Salary of the Health Workers (Petitioner Union’s members) i.e. refund 1 Days’ Salary along with interest at the rate of 18%. 10.d) Grant the cost of the petition to the Petitioner. 10.e) Grant any other relief as deemed fit and proper in the facts and circumstances of the case. 2. Mr. Yashkaran Singh, learned counsel appearing for the petitioner would submit that the petitioner-Union has filed this petition challenging the decision taken by the State Government vide Annexure- P/1 dated 22.04.2021, whereby salary of one day of Health Care Workers was deducted and was deposited with the Chief Minister Relief Funds for Covid-19. He would contend that without obtaining consent of the government servants or Union such decision was taken, therefore, decision is bad-in-law and a direction may be issued to refund the salary of all health workers. 3. On the other hand, Ms. Neelima Singh Thakur, learned Panel Lawyer appearing for the State/respondents would oppose. She would submit that the government servants were not forced and they voluntarily agreed to donate salary of one day to Chief Minister Relief Funds during Covid-19 situation. She would submit that the petition deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents. 5. Taking into consideration the submission made by Mr. Yashkaran Singh, this petition, at this juncture, is disposed of reserving liberty in favour of the petitioner to make a representation before respondent 3 No.1 and in turn, the authority concerned is directed to pass appropriate order expeditiously strictly in accordance with law. 6. With the aforesaid direction(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti