1 2026:CGHC:490 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 14101 of 2025 1 - Dr. Praveen Kumar Samal S/o Shri Mohan Lal Samal Aged About 42 Years Occupation- Ayurvedic Medical Officer (Contract), Primary Health Ayush Kendra Tarhul Village And Post Tarhul, Tahsil- Durgukondal District- North Bastar Kanker (C.G.) ... Petitioner Versus 1 - State Of Chhattisgarh Through Principal Secretary Department Of Health And Family Welfare Mantralaya Mahanadi Bhawan Atal Nagar Raipur District- Raipur (C.G.) 2 - Director Ayush, Chhattisgarh Government, Directorate, Ayush Chhattisgarh D.K.S. Campus, Raipur District- Raipur (C.G.) 3 - District Ayush Officer North Bastar Kanker District- North Bastar Kanker (C.G.) ... Respondents For Petitioner : Mr. Atul Pandey, Advocate For Respondents/State : Mr. Vinay Pandey, Dy. Advocate General SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 05/0 1/2026 1. The petitioner has filed this writ petition seeking following reliefs:- “10.1 That, the Hon’ble Court may kindly be pleased to direct the Respondent No. 2 to consider and decide the pending application dated 02.04.2025 of the petitioner for his regularization (Annexure P/1). 10.2 That, this Hon’ble Court may kindly be pleased to direct the Respondents No. 1 & 2 to regularize the 2 services of the petitioner on the post of Ayurvedic Medical Officer. 10.3 That, any other relief which this Hon’ble Court deems fit in the present facts and circumstances of the case may kindly be granted.” 2. Learned counsel for the petitioner submits that the petitioner pursuant to the advertisement issued by Janpad Panchayat for appointment of Ayurvedic Medical Officer (Contract) on the available vacant posts, have submitted an application and he was appointed on the post of Ayurvedic Medical Officer vide order dated 26.05.2007 for a period of 02 years under the Chhattisgarh Civil Services (Contract) Appointment Rules, 2002. Petitioner’s period of contract was extended from time to time and the petitioner is still continuing in his service on the said post. He contended that the petitioner since the date of first appointment is continuously working and as of now has completed 18 years of service and became eligible for regularization on the said post. 3. He contended that the State Government had issued a circular for regularization of service of the employees appointed on contractual basis vide circular dated 28.05.2010 in which also, there was a direction to all the departments of the State Government to consider the claim of the employees appointed in contract following due procedure of law. The petitioner submitted a representation/application on 02.04.2025 before the concerned authorities which till date, is pending consideration and therefore, the respondents be directed to consider the application for regularizing the service of the petitioner. 4. On the other hand, learned counsel for the Respondents/State raises an objection with regard to the maintainability of the writ petition on the ground that the employer has not been arrayed as a party nor the department i.e. Janpad Panchayat is arrayed as party respondent in the writ petition. He contended that according to the pleadings made in the 3 writ petition, petitioner was appointed by the Janpad Panchayat and the Chief Executive Officer, Janpad Panchayat North Baster Kanker is not a party respondent. However, upon putting query with regard to the circular issued by the State Government dated 28.05.2010, he submits that as of now, he is not in a position to dispute the position of the said circular. 5. I have heard learned counsel for the parties and perused the documents placed on record. 6. Be that as it may, according to the pleadings made in the writ petition, petitioner was appointed as Ayurvedic Medical Officer (Contract) in the year 2007 vide order dated 26.05.2007 by Janpad Panchayat and since then, he is continuously working due to extension of the contract period from time to time. Petitioner has filed the circular dated 28.05.2010 (Annexure P/12) wherein, the General Administration Department, State of Chhattisgarh had issued a circular directing to all the Collectors, the President of Revenue Board, all Divisional Commissioners, all the Head of Departments and to all the Chief Executive Officers to consider the claim of all the employees working under contract for their regularization following due procedure of law. 7. Petitioner has already submitted a representation dated 02.04.2025 (Annexure P/1) before the authorities, which till date is pending consideration. Perusal of the said representation would show that the representation is submitted before the Respondents No. 1 & 2, however, the representation is not submitted before the Chief Executive Officer, Janpad Panchayat under whom, the petitioner is working and the Secretary, Department of Panchayat and Rural Development, State of Chhattisgarh. In the aforementioned facts of the case, instead of keeping this writ petition pending, I find it appropriate to dispose of this writ petition, permitting the petitioner to submit afresh representation before the competent authority for considering the claim of regularization, based 4 on the circular dated 28.05.2010 (Annexure P/12) and in the event petitioner submits representation, the concerned authority/authorities shall consider and take decision on the representation to be submitted by the petitioner keeping in mind the circular dated 28.05.2010 (Annexure P/12) in accordance with law expeditiously, preferably within a further period of 04 months from the date of receipt of the representation. 8. With the aforesaid observation and direction, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY Date: 2026.01.07 11:29:44 +0530