1 2025:CGHC:58025 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 13247 of 2025 1. Dr. R.R. Gajbhiya S/o Late Bithobaji Gajbhiye Aged About 71 Years R/o Village Bara Bazar Chirmiri, Tahsil And Police Station- Chirmiri, District Manendragarh-Chirmiri-Bharatpur C.G. ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary, Health Department, Mahanadi Bhawan, Naya Raipur District Raipur C.G. 2. Director, Directorate, Health Services, Indrawati Bhawan, Atal Nagar, New Raipur, District Raipur C.G. 3. Mission Director, National Health Mission Department Swasthya Bhawan 3rd Floor, Sector 19, North Block, Atal Nagar, Nawa Raipur C.G. 4. Joint Director, Directorate Health Services, Sarguja C.G. 5. Chief Medical Officer And Health Officer, District Manendragarh- Chirmiri-Bharatpur C.G. 6. Collector, District Manendragarh-Chirmiri-Bharatpur C.G. 7. District Program Manager, National Health Mission, District Manendragarh-Chirmiri-Bharatpur C.G. 8. Block Medical Officer, Community Health Centre, Khadgawa, District Manendragarh-Chirmiri-Bharatpur C.G. ... Respondent(s) For Petitioner : Ms. Ranjana Jaiswal, Advocate For State : Mr. Mayur Khandelwal, Panel Lawyer For Respondent No. 3 : Mr. C. Jayant K. Rao, Advocate Hon'ble Shri Justice Narendra Kumar Vyas Order on Board 28.11.2025 1. This petition has been filed under Article 226 of the Constitution of India by the petitioner who retired as Assistant Surgeon challenging MANISH YADAV Digitally signed by MANISH YADAV Date: 2025.12.19 11:17:34 +0530 2 inaction of the respondents in releasing the salary from April 2024 to October, 2024 towards his contractual appointment on the post of Medical Officer (Pathologist). 2. Brief facts, as reflected from the record are that the petitioner who retired on 31.03.2013 as Assistant Surgeon again appointed on contract basis by the Chief Medical and Health Officer, District - Manendragarh-Chirmiri-Bharatpur (C.G.) on 06.10.2023 for maximum period of 1 year for pay of Rs. 70,350/- as per the fund provided under the District Mineral Foundation Trust to work as Medical Officer (Pathologist). The petitioner in pursuance of order dated 06.10.2023 has joined the duty on 12.10.2023 and also submitted an affidavit. Thereafter, he has discharged his duties upto October, 2024, but the respondents have paid the salary to the petitioner upto March, 2024, after that no salary has been paid to the petitioner from April, 2024 to October, 2024 which has necessitated the petitioner to file this writ petition under Article 226 of the Constitution of India. 3. Learned counsel for the respondent No. 3 would submit that the petitioner was appointed for financial year 2023-24 and on expectation of approval for further 6 months, the petitioner has worked and there is no approval, therefore, salary for this period could not be paid to the petitioner and would pray for dismissal of the petition. 4. I have heard learned counsel for the parties and perused the record with utmost satisfaction. 5. Since the petitioner was appointed on 06.102.2023 for period of 3 one year and in the order, there is no such mention about these contentions made by the respondents, as they cannot take any other ground beyond the order of appointment while issuing the contractual appointment of the petitioner for one year, as such, the submission made by the counsel for respondent No. 3 deserves to be rejected and accordingly, it is rejected and even the respondents have not disputed that the petitioner was appointed for one year and the respondents have paid the salary upto March, 2024, therefore, this Court direct the respondents to release the salary of the petitioner for period from April, 2024 to October, 2024 subject to verification whether the petitioner has discharged his duty regular or not. 6. With aforesaid observation and direction, the writ petition is disposed of. Sd/- (Narendra Kumar Vyas) Judge Manish