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2025 DAILYLAW 29375 (CHH)

DR. BISHAKHA DEY v. STATE OF CHHATTISGARH

WPS/5576/2021 · 2025-04-22

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:18115 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5576 of 2021 1. Dr. Bishakha Dey D/o Shri M.G. Dey Aged About 41 Years R/o C/o Sharda Kashyap (Ganesh Verma) Primary Health Center (PHC), Lingiyadih, P.S. Sarkanda, District Bilaspur, Chhattisgarh ... Petitioner versus 1. State Of Chhattisgarh Through - Secretary, Department Of Health And Family Welfare, Mantralaya, Atal Nagar, Nava Raipur, Chhattisgarh 2. Collector District Koriya (Baikunthpur), Chhattisgarh 3. Chief Medical And Health Officer District Koriya (Baikunthpur), Chhattisgarh 4. Chief Medical And Health Officer, District - Janjgir-Champa, Chhattisgarh 5. Block Medical Officer, Manendragarh, District Koriya (Baikunthpur), Chhattisgarh 6. Block Medical Officer, Khadganwa, District Koriya (Baikunthpur), Chhattisgarh 7. Block Medical Officer, Chirmiri, District Koriya (Baikunthpur), Chhattisgarh ... Respondents Cause title is taken from the Case Information System For Petitioner : Shri Vivek Kumar Agrawal, Advocate For Respondent/State : Shri Vinay Pandey, Dy. Adv. General Order on Board By Bibhu Datta Guru, J. 2 22/4/2025 1. Heard learned counsel for the parties. 2. As far as the relief sought for by the petitioner for issuance of a direction towards the respondent authorities for payment of difference amount for the period of July, August & September, 2020 at the earlier fixed rate i.e. Rs.2,10,000/- is concerned, at the very outset, learned counsel appearing for the petitioner, on instructions, would submit that he is not pressing said relief. 3. With regard to salary for the period from October, 2020 to January, 2021 is concerned, learned counsel for the petitioner would submit that albeit the petitioner rendered the service during the aforesaid period, but the salary has not been released. 4. In compliance of the order dated 19-3-2025 passed by this Court, the State has filed its affidavit on dated 9-4-2025 wherein it has been stated that in the month of November & December, 2020 the petitioner has not performed any delivery cases, though she has joined her duties and for which the pay of two months have withheld. 5. From para 4 of the affidavit it is manifest that the salary for the month of November & December, 2020 has been withheld on the ground which is not the condition for discharging the duties as per contractual appointment by which the petitioner has been appointed. Thus, once the petitioner has joined the duties and worked on the basis of said contractual appointment, the respondent authorities are duty bound to release the salary. 6. In view of foregoing, the respondent authorities are directed to release the salary of the petitioner for the month of November & December, 2020 within a period of twenty days from the date of receipt of a copy of this order. 7. With the aforesaid observation, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Gowri K GOWRI SANKARA RAO Digitally signed by K GOWRI SANKARA RAO Date: 2025.04.22 17:10:17 +0530