2025:CGHC:33671 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7023 of 2025 1 - Smt. Kalyani Kindo W/o Shri Asherdan Minj Aged About 51 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub- Health Center Putrichora, Tah- Jashpur, District Jashpur C.G. 2 - Smt. Rajmati Bai W/o Shri Vijay Kumar Aged About 39 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub- Health Center Akamba, Tah-Bagicha, District Jashpur C.G. 3 - Smt. Ahilya Yadav W/o Shri Khirodhar Yadav Aged About 50 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub- Health Center Pandripani, Tah- Bagicha, District Jashpur C.G. 4 - Smt. Gloriya Lakra W/o Late Shri Franklin Lakra Aged About 50 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub- Health Center Lokhandi, Tah- Jashpur, District Jashpur C.G. 5 - Smt. Fabiola Lakra W/o Shri Ajeet Lakra Aged About 52 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub- Health Center Bend, Tah-Bagicha, District Jashpur C.G. 6 - Smt. Anita Toppo W/o Shri Baldeo Toppo Aged About 48 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub- Health Center Sahidand, Tah-Bagicha, District Jashpur C.G. --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya Mahanadi Bhawan, Naya Raipur C.G. 2 - Joint Director, Health Services Department, Division Ambikapur, District- Sarguja (C.G.) 3 - Chief Medical Officer Jashpur District Jashpur C.G. --- Respondent(s) WPS No. 7321 of 2025 Smt. Jyoti Bara W/o Shri Anjlus Lakra, Aged About 54 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub- Ayushman Arogya Mandir, Tah-Tapkara, District- Jashpur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfis, Mantralya Mahanadi Bhawan, Naya Raipur (C.G.) Wps 7023 of 2025 and connected cases 2 2 - Joint Director, Health Services Department, Division Ambikapur, District- Surguja (C.G.) 3 - Chief Medical Officer, Jashpur, District-Jashpur (C.G.) --- Respondent(s) WPS No. 7038 of 2025 1 - Smt. Dilmati Sidar W/o Shri Ramdhan Sidar, Aged About 38 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Kodkel (Khajri) Tah- Pathalgaon, District- Jashpur (C.G.) 2 - Smt. Meena Bhagat W/o Nirmal Bhagat Aged About 41 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Pilkhi, Tah. Jashpur District Jashpur (C.G.) 3 - Smt. Pramila Nagesiya W/o Lalit Ram Aged About 44 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Bagdol, Tah- Bagicha, Dirstrict Jasphpur (C.G.) 4 - Smt. Taramani Xaxa W/o Suresh Xaxa, Aged About 47 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Pidi, Tah- Jashpur, District Jashpur (C.G.) 5 - Smt. Muktidani Lakra W/o Bipin Lakra Aged About 48 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Bachhraw Tah- Bagicha District- Jashpur (C.G.) 6 - Smt. Saroj Tigga W/o Kanchan Tigga Aged About 45 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Ukai (Chhichhali), Tah- Bagicha District - Jashpur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary Department Of Health And Family Welfare, Mantralya Mahanadi Bhawan, Naya Raipur (C.G.) 2 - Joint Director Health Service Department Division Ambikpur, District- Sarguja (C.G.) 3 - Chief Medical Officer, Jashpur District- Jashpur (C.G.) --- Respondent(s) WPS No. 7036 of 2025 1 - Smt. Fabiyola Tirkey W/o Bhinsent Toppo Aged About 47 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Bokhi, Tah- Farsabahar, District- Jashpur C.G. 2 - Smt. Shakuntala Painkra W/o Jysar Aged About 50 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Saraitola, Tah- Farsabahar, District- Jashpur C.G. 3 - Smt. Manisha Bhagat W/o Ajay Bhagat Aged About 44 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Khutgaon, Tah- Farsabahar, District- Jashpur C.G. Wps 7023 of 2025 and connected cases 3 4 - Smt. Kiran Tirkey W/o Gregory Tirkey Aged About 53 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Simabari, Tah- Farsabahar, District- Jashpur C.G. 5 - Smt. Amrawati Yadav W/o Ramdyal Yadav Aged About 49 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Dhaurasand, Tah- Farsabahar, District- Jashpur C.G. ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya Mahanadi Bhawan, Naya Raipur C.G. 2 - Joint Director, Health Services Department, Division Ambikapur, District Sarguja C.G. 3 - Chief Medical Officer, Jashpur, District Jashpur C.G. --- Respondent(s) WPS No. 7259 of 2025 1 - Arti Kunj D/o Shri B.P. Kunj Aged About 28 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Govt. Ayushman Arogya Mandir Bagiya, Tah.- Kansabel, District- Jashpur (C.G.) 2 - Anupam Lolen Lakra W/o Shri Anos Lakra Aged About 42 Years Presently Working As Post Of Second A.N.M. (Contract Basis) At Govt. Govt. Ayushman Arogya Mandir Chetba, Tah.-Kansabel, District- Jashpur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralya Mahanadi Bhawan, Naya Raipur (C.G.) 2 - Joint Director Health Services Department, Division Ambikapur, District- Sarguja (C.G.) 3 - Chief Medical Officer Jashpur District- Jashpur (C.G.) ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioners : Shri Manoj Chauhan, Advocate For Respondents/State : Shri S Choubey, PL ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 17.07.2025 1. Since identical issue is involved in the above petitions, they are being heard and decided by this common order. Wps 7023 of 2025 and connected cases 4 2. By the present petition, petitioners are seeking a direction towards the respondent authority to regularize the services of the petitioners on the post of Second ANM, pursuant to the Circular dated 05.03.2008 from the date when the similarly situated persons have been regularized. 3. Case of the petitioners, in brief, is that petitioners are presently working on the post of Second ANM in department of respondent department on contract basis, and have completed more than a decade. Petitioners are having all the requisite qualifications for holding the said post. Petitioners had submitted their detailed representation to the respondent authorities for considering their case for regular appointment, as they had already completed more than a decade. 4. Learned counsel for the petitioners would submit that the action on the part of the respondent authorities is illegal, arbitrary, discriminatory in nature, and also violative of the principles of natural justice, and Articles 14, 15 & 21 of the Constitution of India. Petitioners are working on contract basis since long. He would further submit that the State Government has regularized the services of similarly situated employees on the basis of Circular dated 05.03.2008, therefore, present petitioners are also entitled for regularization of their services on the post of Second ANM. In support of his contention, learned counsel has relied on the judgment passed by this Court in the matter of Manoj Kumar Nirmalkar Vs State of Chhattisgarh (WPS-4293 of 2012) decided on 10.02.2023. 5. On the other hand, learned counsel for the respondents/State would oppose the contention of learned counsel for the petitioners. Wps 7023 of 2025 and connected cases 5 6. Heard learned counsel for the parties, and perused the material available on record. 7. Hon’ble Apex court in the matter of Narendra Kumar Tiwari, and others Vs the State of Jharkhand, and others Civil Appeal Nos.7423-7429 of 2018, decided on 01.08.2018, held in para 11 of its judgment as under: “11. Under the circumstances, we are of the view that the Regularization Rules must be given a pragmatic interpretation and the appellants, if they have completed 10 years of service on the date of promulgation of the Regularization Rules, ought to be given the benefit of the service rendered by them. If they have completed 10 years of service, they should be regularized unless there is some valid objection to their regularization like misconduct etc.” 8. Having regard to the facts and circumstances of the case, and the principles of law laid down by the Hon’ble Supreme Court, above petitions are allowed. The respondent authorities are directed to inspect the records of other similarly situated employees when their services were regularized. If present petitioners are also found to be similar to those employees, whose services were regularized, their services be also regularized from the same date. It is also directed that all this exercise be completed within a period of 60 days from the date of receipt of copy of this Order. Sd/- (Ravindra Kumar Agrawal) JUDGE padma