1 2025:CGHC:61871 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5115 of 2023 1 - Madhu Suryavanshi D/o Bhaiya Ram Suryavanshi Aged About 35 Years Posted As Record Keeper, Mental Health Unit, District Hospital, Bilaspur, R/o Ward No. 27, Near Nagorao Shesh School, Krishna Nagar, Juna Bilaspur, District : Bilaspur, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Health And Family Welfare Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Naya Raipur, District : Raipur, Chhattisgarh 2 - Director Directorate Of Health Services, Indrawati Bhawan, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 3 - Mission Director National Health Mission, Sector-27, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 4 - Joint Director National Health Mission, Nawa Raipur, Atal Nagar,, District : Raipur, Chhattisgarh 5 - State Programme Manager National Health Mission Chhattisgarh, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 6 - State Finance Manager National Health Mission Chhattisgarh, Nawa Raipur, Atal Nagar,, District : Raipur, Chhattisgarh 7 - Program Manager (M And E) National Health Mission Chhattisgarh, Atal Nagar, Nawa Raipur, District : Raipur, Chhattisgarh 8 - Chief Medical And Health Officer Bilaspur, District : Bilaspur, Chhattisgarh ... Respondent(s) RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Shyam Kumar, Advocate on behalf of Mr. Ashok Kumar Sahu, Advocate. For Respondent(s)/State : Mr. Hari Om Rai, Panel Lawyer. For Respondent/Mission : Mr. C. Jayant K. Rao, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 19/12/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records from the respondent authorities pertaining to the case of the petitioner. 10.2 That, this Hon'ble Court may kindly be pleased. to direct the respondent authorities to provide improved rationalized salary, loyalty bonus, increment and other monetary benefits to the petitioner from March 2018 as per the recommendation of rationalization committee of N.H.M. in the interest of justice, in the interest of justice. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider and allow the application dated 30.06.2023 (Annexure P/7) in favour of the petitioner, in the interest of justice. 10.4 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to provide the rest of the rationalized improved salary of Rs. 59791/- to the petitioner with cumulative interest, in the interest of 3 justice. 10.5 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to initiate departmental action /proceeding against the concerned authorities, in the interest of justice. 10.6 Any other relief, which may deem fit and proper in the facts and circumstances of the case, may also be allowed.” 2. Brief facts of the case, is that, the petitioner is presently working on the post of Record Keeper/Monitoring and Evaluation Officer under respondent No.10, and vide order dated 12.03.2018, the post held by the petitioner was downgraded, resulting in a corresponding reduction in salary; consequently, upon submission of applications, a meeting of the National Health Mission (N.H.M.) was convened on 08.08.2019, wherein the post of the petitioner was shifted to the district level and, after due rationalization, the salary was enhanced, however, despite such decision, the respondents failed to disburse the increased rationalized salary, compelling the petitioner along with similarly situated persons to file WPS No.9129/2022, which came to be disposed of by order dated 02.01.2023 with a direction to respondent No.3 to take a decision on the representations submitted by the petitioners as well as on the communications issued by respondent Nos.8 to 11 at the earliest, preferably within a period of eight weeks; pursuant thereto, while the other petitioners to the said writ petition were 4 duly extended the consequential benefits, the present petitioner has been arbitrarily granted a lesser salary without the due increment, thereby necessitating the filing of the instant writ petition seeking appropriate relief. 3. Learned counsel for the petitioner submits that despite the petitioner being duly entitled to various financial benefits, including rationalized salary, loyalty bonus, annual increments and other admissible monetary benefits, the same have not been granted to him with effect from March, 2018, causing him continuous financial deprivation. It is further submitted that due to the persistent inaction and failure on the part of the concerned authorities to extend the aforesaid benefits, the petitioner was left with no efficacious alternative remedy and, therefore, constrained to approach this Hon’ble Court by way of the present petition. Learned counsel has accordingly prayed not only for issuance of appropriate directions to release all the pending and due monetary benefits in favour of the petitioner, but also for initiation of suitable action against the concerned officer/persons responsible for unlawfully denying the legitimate relief to the petitioner. 4. On the other hand, learned counsel appearing for the respondent/Mission submits that a bare perusal of the averments made in the petition clearly indicates that the claim put forth by the petitioner is neither free from ambiguity nor conclusively established, inasmuch as the pleadings themselves disclose the 5 existence of several disputed questions of fact, which cannot be effectively adjudicated or finally determined in the present proceedings, unless the same are first examined, verified, and duly considered by the competent authority in accordance with law. 5. I have heard learned counsel for the parties and perused the material available on record. 6. Considering the facts and circumstances of the case and further considering the facts involved in the case the petitioner is directed to file an appropriate detailed representation before the concerned authority regarding his claim along with documentary evidence and, in turn, the concerned respondent authorities are directed to decide the same in accordance with law while answering each and every aspect of the representation in objective and speaking order. 7. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat