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2025 DAILYLAW 41280 (CHH)

DR. NAVDEEP SHENDE v. STATE OF CHHATTISGARH

WPS/11074/2025 · 2025-09-18

Shri Narendra Kumar Vyas

body2025

Judgment text

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2025:CGHC:48257 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 11074 of 2025 1 - Dr. Navdeep Shende S/o Shri Jamuna Prasad Shende Aged About 38 Years Resident As Sankar Nagar Ward No. 10 Moti Chowk Durg, District : Durg, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Health Services, Department, Mahanadi Bhawan, Mantralaya, New Raipur, Atal Nagar, Raipur, District : Raipur, Chhattisgarh 2 - Director Directorate Health Services, 3rd Floor Indrawati Bhawan, New Raipur Atal Nagar Raipur, District : Raipur, Chhattisgarh 3 - Joint Director Directorate Health Services (Advertisement / Notification) 3rd Floor, Indrawati Bhawan, New Raipur, Atal Nagar Raipur, District : Raipur, Chhattisgarh 4 - Chief Medical And Health Officer Raipur, District : Raipur, Chhattisgarh 5 - Chief Medical And Health Officer Durg, District : Durg, Chhattisgarh ---- Respondents For Petitioner: Mr. S.K. Kushwaha and Ms. Preeti Yadav, Advocate For State : Mr. Keshav Gupta, Govt. Advocate KISHORE KUMAR DESHMUKH Digitally signed by KISHORE KUMAR DESHMUKH Date: 2025.09.22 10:50:33 +0530 Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 19.09.2025 1. The petitioner by way of present petition has assailed memo dated 30.11.2022 by which the representation filed by him for appointment to the post of Dentist has been rejected. He has also challenged order dated 12.12.2022 by which it has been informed to the petitioner that whenever advertisement will be issued by the department he may participate in the recruitment. 2. Learned counsel for the petitioner would submit that the petitioner has discharged his duties during Covid Pandemic to the satisfaction of the authorities when other doctors were leaving services, therefore, he may be given some benefits. He would further submit that during Covid Pandemic he was initially appointed for 3 months but without any rhyme and reason, his appointment was cancelled, therefore, would pray for allowing the petition. 3. Per contra, learned counsel for the State would submit that the petitioner has no right to continue with the service as he has been appointed on contingency basis for 3 months only. He was appointed during the Covid Pandemic and after Covid Pandemic the respondent-State has initiated proceeding for regular appointment to the post of Dentist. Thus, would pray for dismissal of the writ petition. 4. I have heard learned counsel for the parties and perused the record. Page 3 of 3 5. From bare perusal of the record, it is not in dispute that the petitioner has not been appointed by following due process of law or as per the procedure prescribed under recruitment rules. He was appointed on contingency basis for 3 months during Covid Pandemic. Since, Covid Pandemic is over, therefore, the respondents have discontinued the services of the petitioner. As such, the petitioner has no right to continue with the service. Therefore, I am of the view that the order passed by the respondents in rejecting the representation does not suffer from perversity or illegality. 6. The writ petition deserves to be dismissed and accordingly it is dismissed. Sd/- (Narendra Kumar Vyas) Judge kishore