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2026 DAILYLAW 12246 (CHH)

DR. SUNIL KUMAR RAI v. UNION OF INDIA

WPS/879/2026 · 2026-02-02

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:5876 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 879 of 2026 1 - Dr. Sunil Kumar Rai S/o Late Hari Narayan Rai Aged About 42 Years Presently Posted As Medical Officer (Ayurveda) R/o 40, Arihant Nagar, In Front Of Sarona Gate, Dumar Talab, Raipur (C.G.) Pin- 492099 2 - Dr. Ashutosh Tripathi S/o Dr. P.S. Tripathi Aged About 42 Years Presently Posted As Medical Officer (Homeopathy) R/o Tulip I, Flat No. 151, Parthivi Pacific, G.E. Road, Tatibandh, Raipur, (C.G.) 492099 3 - Dr. Lakshmanakumar V. S/o P. Venkatachalam Aged About 41 Years Presently Posted As Medical Officer (Siddha), R/o H.No.- 07 1st Floor, Rohinipuram, Ddu Nagar, Raipur (C.G.) 492010 4 - Dr. Vikram Pai S/o B.C. Pai Aged About 40 Years Presently Posted As Medical Officer (Yoga), R/o 202, Suryodaya Enclave, Street No. - 07, G.E. Road Tatibandh, Raipur (C.G.) 492099 ... Petitioners Versus 1 - Union Of India Through Its Secretary Ministry Of Health And Family Welfare, Nirman Bhawan, New Delhi, Pin – 110001 2 - The Joint Secretary Ministry Of Health And Family Welfare Pmssy Division, Nirman Bhawan, New Delhi, 110001 3 - The Director Aiims Raipur, Tatibandh, Ge Road, Raipur, (C.G.) Pin 492099 ... Respondents For Petitioner : Mr. T.K. Jha, Advocate For Respondents No. 1 & 2 : Ms. Shweta Rai, Advocate For Respondent No. 3 : Ms. Hamida Siddiqui, Advocate 2 SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 03 /02/2026 1. The petitioner has filed this writ petition seeking following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to allow the petition and call for the record of this case. 10. 2 That, this Hon'ble Court may kindly be pleased to remove the anomalies and grant extension of Dynamic Assured Career Progression (DACP) Scheme. 10.3 That, direct the respondents to create at least two higher grade post for the petitioners in the entire period of the service.” 2. Learned counsel for the petitioners submit that the nature of relief as sought for in the writ petition is infact of promotion. He submits that as the petitioners are having no other promotional avenues, therefore, according to the provisions formulated in the service rules, petitioners are entitled for Dynamic Assured Career Progression (DACP), however, that has not been granted. 3. Petitioners are employee of the All India Institute of Medical Sciences. Earlier petitioners have approached the Central Administrative Tribunal, Jabalpur seeking some relief as prayed therein and the Central Administrative Tribunal, Jabalpur has directed for considering and deciding the representation as mentioned in para 6 of the writ petition. 4. In the aforementioned facts of the case, services of the petitioners are governed under the central rules and therefore, the petitioners are having alternate efficacious remedy before the Central Administrative Tribunal for redressal of their grievances. In view of above, this writ petition is disposed of at this stage, with liberty to the petitioners to avail the alternate efficacious remedy available under the law. 3 5. With the aforesaid observation and directions, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY Date: 2026.02.07 12:27:41 +0530