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2025 DAILYLAW 6470 (CHH)

KU. JYOTI SINGH v. STATE OF CHHATTISGARH

WPS/1138/2021 · 2025-09-03

Shri Rakesh Mohan Pandey

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Judgment text

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1 2025:CGHC:45243 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1138 of 2021 1 - Ku. Jyoti Singh D/o Shri Janak Ram, Aged About 35 Years Presently Posted As Staff Nurse, Medical College Hospital Raigarh, District : Raigarh, Chhattisgarh 2 - Smt. Sunita Nair, W/o Shri Subish Nair, Aged About 41 Years Presently Posted As Staff Nurse, District Hospital, Raigarh, District : Raigarh, Chhattisgarh ... Petitioners Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, District : Raipur, Chhattisgarh 2 - The Principal Secretary, Department Of Finance Mahanadi Bhawan, Atal Nagar, District Raipur, District : Raipur, Chhattisgarh 3 - Directorate Of Health Services, Through Its Director, Department Of Health And Family Welfare, Byron Bazar, Raipur, District : Raipur, Chhattisgarh 4 - Director Treasury Accounts And Pension, Indrawati Bhawan, Atal Nagar, Raipur, District : Raipur, Chhattisgarh 5 - The Joint Director Treasury Accounts And Pension, Raigarh, District : Raigarh, Chhattisgarh 6 - Chief Medical And Health Officer Raigarh, Gorka, Raigarh, District : Raigarh, Chhattisgarh ... Respondents For Petitioners : Mr. Animesh Pathak, Advocate holding the brief of Mr. K. Rohan, Advocate For Respondents/State : Mr. Shubham Bajpai, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 04/09/2025 1. The petitioners have filed this petition seeking the following relief(s):- Digitally signed by RAMESH KUMAR VATTI Date: 2025.09.04 19:51:25 +0530 2 10.1 That the Hon’ble Court may kindly be pleased to call for the records from the respondents with respect to the grant / payment of advance increments in reference to the circular dated 11.09.1985. 10.2 That the Hon’ble Court may kindly be pleased to direct the respondent authorities to make payment of advance increments to the petitioners in light of the circular dated 11.09.1985 and the subsequent circulars. 10.3 Any other relief, which this Hon’ble Court may deems fit and proper may also be awarded to the petitioner including the cost of the petition. 2. Mr. Animesh Pathak, learned counsel appearing for the petitioners would submit that the petitioners were appointed to the post of Staff Nurse in the year 2008 and 2010 respectively. He would contend that according to the circular dated 11.09.1985 issued by the erstwhile State of Madhya Pradesh, the Nurses having diploma would be entitled for benefit of 03 advance increments and if they have degree, they would entitled for 04 advance increments. He would contend that the petitioners have diploma in Nursing, therefore, they are entitled for 03 advance increments according to circular dated 11.09.1985. He would further argue that the said benefit has not been extended to the petitioners till date. 3. On other hand, Mr. Shubham Bajpai, learned Panel Lawyer appearing for the State/respondents would submit that till date, the petitioners have not made demand of justice and on this ground, the petition deserves to be dismissed. 4. I have heard learned counsel for the parties and perused the documents. 5. Considering the submission made by respective Advocates, the petitioners are permitted to make representation(s) before respondents 3 No. 3 and 6 within a period of 30 days and in turn, the said authorities are directed to decide the representation(s) of the petitioners in accordance with the circular dated 11.09.1985, if applicable, expeditiously preferably within a period of further 90 days. 6. With the aforesaid direction(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti