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2025 DAILYLAW 29756 (CHH)

DR. VIRENDRA THAKUR v. STATE OF CHHATTISGARH

WPS/5327/2018 · 2025-03-20

Shri Rakesh Mohan Pandey

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Judgment text

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2025:CGHC:13482 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5327 of 2018 1 - Dr. Virendra Thakur S/o Late Shri Damodar Singh Thakur Aged About 62 Years R/o Presently Posted As In Charge Chief Medical And Health OfÏcer, District Sukma, Chhattisgarh., District : Sukuma, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mahanadi Bhavan, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2 - The District Collector Sukma, District Sukma Chhattisgarh., District : Sukuma, Chhattisgarh 3 - Directorate Of Health Services, Through Its Director, Indrawati Bhawan, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 4 - Dr. Chandrabhan Singh Bansod, Presently Posted As Civil Surgeon Cum Chief Hospital Superintendent, Sukma, District Sukma, Chhattisgarh., District : Sukuma, Chhattisgarh ---- Respondents For Petitioner : Ms. Santoshi Yadav, Advocate holding the brief of Ms. Shailja Shukla, Advocate For respective : Mr. Dashrath Prajapati, PL and Mr. Harshmandar respondents : Rastogi, Advocate holding the brief of Mr. Vivek Chopda, Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 20.03.2025 1. The petitioner has filed this petition seeking the following relief (s) : “i. To kindly quash and set aside the impugned orders vide no. F/01-76/2018/vigyapt/1198 dated REKHA SINGH Digitally signed by REKHA SINGH -2- 23.07.2018 (ANNEXURE - P/1) passed by the respondent no.3. ii. To kindly quash and set aside the impugned letter no. 01-76/2018/vigyapt/1200 dated 23.07.2018 (ANNEXURE - P/2) passed by respondent no.3 iii. To kindly quash and set aside the impugned order no. 112/steno/2018 dated 27.07.2018 (ANNEXURE - P/3) passed by respondent no 2. iv. To kindly direct the respondents to allow the petitioner to discharge his duties as Chief Medical & Health Officer, Sukma. V. To kindly make any other order that may be deemed fit and just in the facts and circumstances of the case in the interest of justice.” 2. In the present petition, the petitioner has challenged orders dated 23.07.2018 and 27.07.2018 (Annexure P/1, P/2 and P/3) whereby charge of the Chief Medical & Health Officer, Sukma was handed over to respondent No.4. 3. A perusal of the writ petition and its contents would show that at the time of filing of the writ petition, age of the petitioner was 62 years. The petitioner would have retired from services as age of retirement of medical officer is 65 years and thus, the instant petition has become infructuous. Consequently, the present petition is dismissed being rendered infructuous. However, the petitioner would be at liberty to revive his prayer, if cause of action still survives. Sd/- (Rakesh Mohan Pandey) Judge Rekha