Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:39691
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 4240 of 2025 Dr. Sunil Kumar S/o Mohan Prasad Singh Aged About 39 Years Occupation - Service, Presently Posted And Working As Associate Professor (Biochemistry), Rama Medical College And University, Mandana, Kanpur (Uttar Pradesh), R/o Quarter No. 202, Staff Accommodation Type-2, Rama Medical College And University Premises, Mandana, Kanpur Uttar Pradesh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of Health And Family Welfare And Medical Education Department, Mahanadi Bhawan, Mantralaya, Atal Nagar Nawa Raipur, District - Raipur Chhattisgarh 2 - Commissioner Medical Education, Health Bhawan, North Block, Sector-19, Atal Nagar Nawa Raipur, District - Raipur Chhattisgarh 3 - Director Medical Education, Health Bhawan, North Block, Sector-19, Atal Nagar Nawa Raipur, District - Raipur Chhattisgarh 4 - Late Shri Lakhi Ram Agrawal Memorial Government Medical College Raigarh Through Its Dean, Late Shri Lakhi Ram Agrawal Memorial Government Medical College, Tv Tower Road, Bendrachuwa, Chote Atarmuda, Raigarh, District - Raigarh Chhattisgarh 5 - Dean Late Shri Lakhi Ram Agrawal Memorial Government Medical College, Tv Tower Road, Bendrachuwa, Chote Atarmuda, Raigarh, District - Raigarh Chhattisgarh 6 - State Bank Of India Through Branch Manager, State Bank Of India, Chakradhar Nagar Branch, Raigarh Chhattisgarh
... Respondent(s) For Petitioner(s) : Mr. Malay Shrivastava, Advocate For Respondent/State For Respondent no. 6 : : Ms. Poorva Tiwari, Panel Lawyer Ms. Vartika Shrivastava on behalf of Mr. P.R. Patankar, Advocate
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Hon’ble Shri Justice Arvind Kumar Verma, Judge
Order on Board 08/08/2025
1. The petitioner has filed this writ petition on the following relief:
“10.1. That this Hon’ble Court may kindly be pleased to direct the respondent no. 4 and 5 to refund the amount of Rs. 3,39,500/- which the petitioner has deposited on 19.03.2025 through Challan paid into the State Bank of India, Chakradhar Nagar Branch, Raigarh (C.G.). 10.2 Any other relief(s)/order/direction in favour of petitioner, which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. 10.3 Cost of petition.”
2. Learned counsel for the petitioner submits that the petitioner was appointed and working as Associate Professor, Biochemistry in the Late Shri Lakhi Ram Agrawal Memorial Government Medical College, Raigarh vide order dated 12.03.2024 on contract basis for one year and thereafter, the service of the petitioner was extended for another one year vide order dated 11.03.2025. on 11.03.2025, the respondent no. 5 has issued an order by which the salary of the Contractual Appointees has been reduced to 80% and as the petitioner got the regular job at Kanpur (U.P.) therefore, the petitioner has submitted the resignation but the respondent no. 4 and 5 directed the petitioner to deposit Rs.
3 3,39,500/- than only the respondent no. 4 and 5 will issue the experience-cum-relieving order of the petitioner. Since the petitioner is getting the regular service therefore, the petitioner has deposited the amount and get the experience-cum-relieving
order, but the action of the respondent no. 4 and 5 is nothing but an abuse of power and unequal barraging power has been exercised by the respondent no. 4 and 5.
3. Learned State Counsel and counsel appearing for respondent no. 6 opposed the submission made by the learned counsel for the petitioner.
4. Heard learned counsel for the respective parties and perused the record with utmost circumspection.
5. From perusal of records, it is crystal clear that the petitioner has deposited an amount of Rs. 3,39,500/- and has obtained the experience-cum-relieving order, therefore, the only remedy available to the petitioner is that he may file a civil suit for recovery of money deposited by him, if so desire.
6. With the aforesaid observation, the present petition is disposed of. Sd/-
(Arvind Kumar Verma)
JUDGE Madhurima