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2025 DAILYLAW 3005 (CHH)

Smt. Saroj Sharma v. State Of Chhattisgarh

WPS/1938/2017 · 2025-06-16

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:24888 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1938 of 2017 1 - Smt. Saroj Sharma W/o Shri S. K. Sharma, Aged About 65 Years Retired Staff Nurse, On Contract Base R/o. Ward No. 2 Shankar Nagar Dhangardeepa, Raigarh, Tahsil Raigarh, Civil And Revenue District Raigarh Chhattisgarh, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh, Chhattisgarh 2 - Director, Directorate Health Services, Govt. Of Chhattisgarh, Naya Raipur, District Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Civil Surgeon Cum Chief Hospital Superintendent, District Hospital, Raigarh, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Respondents For Petitioner : Mr. Vipin Punjabi, Advocate For State : Mr. Vedant Shadangi, PL Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 17.06.2025 1. The petitioner has filed this petition seeking the following relief(s):- “10.1 That, the Hon'ble Court may kindly be pleased to call for entire records pertaining to the case of the petitioner. 10.2 That, the Hon'ble Court may kindly be pleased to direct the respondent no. 2 and 3 to pay petitioner's arrears salary amount sum of Rs. 64,487/- with 12% REKHA SINGH Digitally signed by REKHA SINGH -2- interest thereon, from the date of 01.04.2013 till the payment of this amount, in the interest of justice. 10.3 Any other relief, which may be deemed, fit by this Hon'ble Court just and proper in the facts and circumstances of the case may also be provided in favor of the petitioner. 10.4 Cost of the petition may kindly also be awarded to the petitioner.” 2. Mr. Punjabi, the learned counsel appearing for the petitioner would submit that after superannuation, the petitioner was contractually appointed to the post of Nurse pursuant to the order dated 01.02.2012 at District Hospital Raigarh and the monthly honorarium was to the tune of Rs.6,720/-. He would further contend that the said order was modified on 08.06.2012 by respondent No.3 pursuant to the instructions issued by the Finance Department and the honorarium was enhanced from Rs.6,720/- to Rs.9,120/- till March 2012 and Rs.10,940/- was payable from 1st of April, 2012. He would also submit that the petitioner worked till the month of November 2012 but she has not been paid honorarium accordingly. He would pray for a direction to respondent No.3 to make the payment of the honorarium. 3. On the other hand, Mr. Shadangi, the learned Panel Lawyer appearing for the State would oppose the submissions made by Mr. Punjabi. He would submit that according to the calculation made by the department, the petitioner has already been paid Rs.53,673/-. He would further submit that pursuant to the order dated 01.02.2012, the honorarium of the petitioner was Rs.6,720/- and she has been paid accordingly. 4. Heard learned counsel appearing for the parties and perused the 3 documents placed on the record. 5. Initially, the petitioner was appointed on contract basis vide order dated 01.02.2012 and her monthly honorarium was Rs.6,720/- but it was modified vide order dated 08.06.2012. A perusal of the order dated 08.06.2012 would show that Rs.6,720/- was enhanced to Rs.9,120/- and she was entitled to receive the honorarium to the tune of Rs.10,940/- with effect from 1.4.2012. 6. It is not in dispute that the petitioner has already been paid Rs.53,673/- by the department. 7. Taking into consideration the order issued by the department dated 08.06.2012, respondent No.3 is directed to make payment of honorarium to the petitioner strictly in accordance with the letter dated 08.06.2012. The petitioner shall be entitled to receive an honorarium for the month of February and March at Rs.9,120/- per month and from the 1st of April till November, 2012, she shall be entitled to receive an honorarium of Rs.10,940/- per month. Respondent No.3 shall make the payment to the petitioner within a period of 60 days from today. 8. The petition is accordingly disposed of. Sd/- (Rakesh Mohan Pandey) Judge Rekha