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2025 DAILYLAW 43553 (CHH)

DR. UDAY NATH DIWAN v. STATE OF CHHATTISGARH

WPS/10962/2025 · 2025-09-17

Shri Narendra Kumar Vyas

body2025

Judgment text

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1 2025:CGHC:48128 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10962 of 2025 1 - Dr. Uday Nath Diwan S/o. Shri Bhukhuram Diwan, Aged About 68 Years R/o Village Patharri, P.S. Patewa, Post Nartora, Tahsil And District Mahasamund (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Health And Medical Department, Mantralaya, Mahanadi Bhawan, Capital Complex, New Raipur, District Raipur (C.G.) 2 - Director Directorate Health Services Raipur, Indrawati Bhawan, 3rd Floor, Block A, Atal Nagar, District Raipur (C.G.) 3 - Chief Medical And Health Officer, Mahasamund (C.G.) ... Respondents For Petitioner : Dr. Surendra Kumar Dewangan, Advocate For State : Mr. Suyashdhar Badgaiyan, Dy. Government Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 18.09.2025 1. This petition has been filed by the petitioner assailing the order dated 04.11.2016 (Annexure P/1) passed by the respondent by which the petitioner has been deprived from pension, pensionary benefits, arrears and other benefits. 2. Learned counsel for the petitioner would submit that the case of the petitioner is squarely covered by the judgment passed by the Coordinate Bench of this Court in WP(S) No. 1592 of 2017 decided on BHUMIKA ANGARE Digitally signed by BHUMIKA ANGARE Date: 2025.09.22 11:39:21 +0530 2 23.01.2024 in case of Dr. Onkar Lal Burman and Others Vs. State of Chhattisgarh and Others and other connected cases and would pray for considering the case of the petitioner at par with the petitioners therein. 3. Learned counsel for the State opposing the submission made by learned counsel for the petitioner would submit that the petitioner has to plead and prove that he is directly appointed at par with the other petitioners whose petition has been allowed and would pray for rejecting the instant petition. 4. I have heard learned counsel for the parties and perused the documents. 5. Considering the submissions made by the parties, the instant petition is disposed of granting liberty to the petitioner to make representation before the concerned authorities within a period of four weeks from the date of receipt of copy of this order. In the eventuality of filing representation by the petitioner, claiming parity at par with the judgment passed by the Coordinate Bench, the respondent authorities are directed to examine and consider the the same in accordance with law on its own merits and if the petitioner is found to be considered for granting the benefits which have been extended to the petitioners whose case has been allowed then the same shall be granted to the petitioner also. 6. Accordingly, the instant writ petition is disposed of granting liberty to the petitioner as aforestated. Sd/- (Narendra Kumar Vyas) Judge Bhumika