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2025 DAILYLAW 5711 (CHH)

DR. SANTOSH PATEL v. STATE OF CHHATTISGARH,

WPS/937/2021 · 2025-08-19

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:42255 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 937 of 2021 * - Dr. Santosh Patel S/o Parmanand Patel, Aged About 43 Years Medical Officer At Community Health Center Malkharoda Tehsil Malkharoda, District : Janjgir-Champa, Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh, Through Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, Mantralaya, New Raipur, District : Raipur, Chhattisgarh 2 - Chief Medical And Health Officer Janjgir Champa, District : Janjgir- Champa, Chhattisgarh 3 - Chief Medical And Health Officer Gariyaband, District : Gariyabandh, Chhattisgarh 4 - Block Medical Officer Malkharoda, District : Janjgir-Champa, Chhattisgarh ... Respondents For Petitioner : Ms. Laxmin Tondey, Advocate holding the brief of Mr. K.K. Patel, Advocate For Respondents/State : Mr. Rajkumar Gupta, Additional Advocate General Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 20/08/2025 1. The petitioner has filed this petition seeking the following relief(s):- 10.1 That, this Hon'ble Court may kindly pleased to direct the respondent for payment of salary with interest within time frame. 10.2 Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favour of the petitioner. Digitally signed by RAMESH KUMAR VATTI Date: 2025.08.27 16:42:21 +0530 2 2. Ms. Laxmin Tondey, learned counsel appearing the petitioner would submit that the petitioner who was holding post of Medical Officer at Community Health Center, Malkharoda, District Janjgir-Champa (C.G.) was transferred from Malkharoda to District Hospital, Gariyaband vide order dated 23.09.2020, but he continued to work at Malkharoda till 13.01.2021 and the salary of that period has not been paid. Ms. Laxmin Tondey would further submit that against the said transfer order dated 23.09.2020, interim order was granted in WPS No. 3975 of 2020 dated 14.10.2020 for a period of 03 weeks. She would submit that the petitioner has made a representation before the concerned Collector, but till date it has not been decided. She would submit that a direction may be issued to the concerned Collector to decide the claim of the petitioner expeditiously. 3. On the other hand, Mr. Rajkumar Gupta, learned Additional Advocate General appearing for the State/respondents would oppose. He would submit that the petitioner was transferred from Community Health Center, Malkharoda to District Hospital, Gariyaband vide order dated 23.09.2020 and after 03 weeks, he was relieved from Malkharoda, but he failed to join his services at transferred place, whereas his service documents were transferred to his department. He would further submit that on 01.10.2021 reply was filed and till that date the petitioner had not joined his services at transferred place. He would contend that the petition filed by the petitioner is misconceived. 4. Heard learned counsel for the parties and perused the documents. 5. Considering the limited prayer made Ms. Laxmin Tondey, the petitioner is permitted to make a representation before the concerned Collector 3 and in turn, the authority concerned is directed to decide the representation so made by the petitioner expeditiously. 6. It is made clear that this Court has not expressed any opinion on the merits of the case. 7. With the aforesaid direction(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti