Extracted from the PDF above. The PDF is authoritative.
2025:CGHC:46996
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9366 of 2025 Nityam Sagar Patel S/o Shri Ram Sagar Patel Aged About 36 Years Presently Working On The Post Of Audiologist (E.N.T. Department) In Late Lakhiram Agrawal Memorial Government Medical College, District- Raigarh And R/o Krishna Nagar, Near T V Tower, District- Raigarh, C.G.
... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Department Of Medical Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, C.G. 2 - Dean Late Lakhiram Agrawal Memorial Government Medical College, Raigarh, District Raigarh, C.G. 3 - Head Of Department E. N. T. Department, Late Lakhiram Agrawal Memorial Government Medical College, Raigarh, District Raigarh, C.G. ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Aman Upadhyay, Advocate For Respondents/State : Shri PN Bharat, AG along with Shri Arvind Dubey, GA ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board 12.09.2025
1. On 20.08.2025, this Court has granted two weeks’ time to the State to file reply in the matter. From perusal of the reply filed by the State, it transpires that the affidavit filed in support of the reply has been executed on 29.08.2025, however, the reply has been filed today itself. The explanation given by the learned Advocate General is that since there was some correction in the reply, therefore, it could not be filed on the date when the affidavit has been executed by the Officer-in-charge of the case. Digitally signed by V PADMAVATHI Date: 2025.09.16 15:51:36 +0530
Wps 9366 of 2025 2
2.
Learned counsel for the petitioner would submit that petitioner was initially appointed on the post of Audiologist (ENT Department) in late Shri Lakhiram Agrawal Memorial Government Medical College, Raigarh, and his appointment was extended from time to time, lastly, up to 14.06.2025 (Annexure P5). However, petitioner is not permitted to attend to his duty, or to sign in the Attendance Register in the said Medical College, and no further appointment order, or letter of extension of his service has been issued by the college. With respect to his grievance, petitioner made a representation on 31.07.2025 but till date his representation has also not been decided. Therefore, the authorities may be directed to permit the petitioner to appear in his duty. 3. On the other hand, learned State counsel would submit that there is no extension or renewal of service of the petitioner after 14.06.2025. Therefore, being a contractual employee, petitioner has no right to continue on the said post. 4. Heard learned counsel for the parties, and perused the material annexed with the petition by the parties. 5. Considering the rival submissions made by learned counsel for the parties, it transpires that un-disputedly, petitioner is a contractual employee, who is employed on the post of Audiologist (ENT Department) in late Shri Lakhiram Agrawal Memorial Government Medical College, Raigarh. It is also not disputed that his employment was continued up to 14.06.2025, and thereafter, there is no order with respect to his continuation of his employment on the said post. It is clearly mentioned in the appointment order of the
Wps 9366 of 2025 3 petitioner dated 19.06.2024, Annexure P5, that his period of service is extended up to one year, or till the regular appointment by the State government on the said post, whichever is earlier. Since the period of one year is over on 14.06.2025, and no order is issued to continue his service, he cannot be permitted to appear in his duty. Petitioner could not demonstrate by producing any document that his appointment is continued, or he is entitled for extension of his appointment; however, being a contractual employee, his employment is over on 14.06.2025, and thereafter, there is no any extension or further employment of the petitioner on the said post which makes him entitled to continue on that post.
Though the petitioner has made representation on 31.07.2025, but it is for the authorities concerned to decide his representation in accordance with law. Petitioner cannot get any relief of extension of his appointment on the said contractual post of Audiologist in the Department of ENT at the said college. This Court does not find any scope for interference in the present petition, permitting the petitioner to be continued on the said post. 6. The petitioner is at liberty to pursue his representation, if so advised. Accordingly, writ petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE padma