1 2025:CGHC:22773 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4524 of 2015 1 - Dr. S. N. Jangde S/o Late C.R. Jangde, Aged About 56 Years R/o Ward No. 17, Chandaniyapara, P.S. And Tah, Janjgir, District Janjgir Champa Chhattisgarh, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Health Department, Mahandi Bhawan, New Raipur, Raipur Chhattsigarh, Chhattisgarh 2 - Director, National Health Mission, 4th Floor Chhattsigarh Housing Board Business Premises, Sector 27, New Raipur, Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - Chief Medical And Health Officer, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 4 - Chief Medical Officer, Government B.D.M. Hospital Champa, District Janjgir Champa Chhattisgarh, District : Janjgir-Champa, Chhattisgarh 5 - Collector, Janjgir Champa, District Janjgir Champa Chhattisgarh, District : Janjgir- Champa, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Ravindra Sharma, Advocate For Respondent No. 2 : Mr. C. J. K. Rao, Advocate For State/Respondent Nos. 1, 3 to 5 : Mr. Dilman Rati Minj, PL Hon’ble Shri Justice Sachin Singh Rajput Order on Board 09/06/2025 This writ petition has been filed by the petitioner claiming following reliefs : 10.1 It is therefore prayed that this Hon'ble court may kindly be 2 pleased to issue a writ of MANDAMUS directing the respondents to amount award/release the amount under the Chhattisgarh Rural Medical Core Scheme. 10.2 That, this Hon'ble court may kindly be pleased to issue any writ or direction or order as deem fit in the interest of justice. 2. Facts of the case in nutshell is that the instant petition the petitioner challenges the arbitrary, unseasonal and the action contrary to the Chhattisgarh Rural Medical Core Scheme, whereby the petitioner has been deprived of the benefit of amount promoting the doctors working in the rural area despite the fact the place of posting of the petitioner is at Community Health Center Baloda, his salary is being withdrawn from there, that the petitioner has not been attached to the present working place at Government B.D.M. Hospital Champa under executive order. Therefore the place of posting of the petitioner is at Community Health Center Baloda where the petitioner is entitled for the benefit under the Chhattisgarh Rural Medical Core Scheme. That the petitioner has made representation claiming the aforesaid benefit but the respondent No.2 has rejected the same vide order dated 14.09.2015 as per Annexure P-1 and the similar latter has been issued vide latter dated 15.10.2015 as per Annexure P-2 rejecting the claim of the petitioner under the Chhattisgarh Rural Medical Core Scheme. Hence the instant petition. 3. Learned counsel for the petitioner submits that a scheme known as Chhattisgarh Rural Medical Core scheme was floated by the State Government by which certain monitory benefits were given to the doctors who are posted and working in the difficult and most difficult areas of the State of Chhattisgarh. He submits that the petitioner was posted in Civil Hospital Bisau Das Mahant, Champa (B.D.M.) during the period from October, 2014 to December, 2015. He submits that the petitioner salary was being drawn from Community Health Centre, Baloda District Jangir-Champa which falls under the difficult area under the Chhattisgarh Rural Medical Core Scheme. He submits that though the petitioner was posted in Civil Hospital Bisau Das Mahant, Champa but as his salary was being drawn from Community Health Centre, Baloda which is falls as a difficult area under the above stated scheme, the petitioner was entitled for monitory benefits under that scheme. Therefore, this writ petition may be allowed. 3 4. Opposing the submission Mr. Dilman Rati Minj and Mr. C. J. K. Rao, learned counsel for the respective respondents submit that in order to obtain the monitory benefit, the concerned doctors are required to be posted in difficult or most difficult areas as required under the above stated scheme. At the relevant point of time, the petitioner was not posted in most difficult or difficult areas under the Chhattisgarh Rural Medical Core Scheme. They further submit that simply because his salary was being drawn from Community Health Centre, Baloda which may be in the difficult area under the Chhattisgarh Rural Medical Core Scheme would Ipso facto not create any right in favour of the petitioner to get the monitory benefit under that scheme. 5. I have heard learned counsel for the parties and perused the record. 6. Admitted position in this case is that the at the relevant point of time, the petitioner was not posted/working in the most difficult or difficult areas under the scheme. He was working in Civil Hospital Bisau Das Mahant, Champa which is admittedly does not fall in the most difficult/difficult areas under the Chhattisgarh Rural Medical Core Scheme. Apart from this, a memo/circular was also issued by the respondent/State dated 10.09.2012 with regard to implementation of the Chhattisgarh Rural Medical Core Scheme which specifically envisaged that only under the condition that the concerned doctors is working in the difficult or most difficult areas, would be entitled to received the monitory benefit. Therefore, as the petitioner was not working in most difficult or difficult area under the Chhattisgarh Rural Medical Core Scheme. Therefore, this Court is not inclined to allow this writ petition. Therefore, the writ petition sans merit and is dismissed. Sd/- (Sachin Singh Rajput) JUDGE Pawan