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2026 DAILYLAW 19871 (CHH)

Dr. Sanjeev Kumar Vohra v. State Of Chhattisgarh

WPS/2809/2017 · 2026-05-11

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 2026:CGHC:22426 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2809 of 2017 1 - Dr. Sanjeev Kumar Vohra S/o Late Shri Govind Vohra, Aged About 54 Years Presently Posted As Medical Officer, District Hospital, Raipur District Raipur Chhattisgarh., Chhattisgarh 2 - Dr. Jagsay Ram Saruta, S/o Late Shri Kishun Ram, Aged About 54 Years Presently Posted As Medical Officer, Community Health Center, Vishrampur, District Surajpur Chhattisgarh 3 - Dr. Pratima Chaudhary, D/o Late Shri B. B. Chaudhary, Aged about 54 years, Presently Posted As Medical Officer, State Institute Of Health And Family Welfare, Raipur District Raipur Chhattisgarh ... Petitioners Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mahanadi Bhavan Mantralaya, Naya Raipur Chhattisgarh 2 - Under Secretary, Health And Family Welfare, Mantralaya Naya Raipur, District : Raipur, Chhattisgarh 3 - Director, Directorate, Health Services, Third Floor, Indrawati Bhawan, New Raipur, District : Raipur, Chhattisgarh ... Respondents For Petitioners : Mr. Harsh Dave, Advocate holding the brief of Mr. Chandresh Shrivastava, Advocate For Respondents/State : Mr. Rishabh Chandra Singh Deo, Panel Lawyer Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 12/05/2026 1. In this petition, the petitioners have prayed following relief(s):- Digitally signed by RAMESH KUMAR VATTI Date: 2026.05.13 18:59:15 +0530 2 “10.1 That the Hon’ble court may please to quash the impugned order dated 04/11/2016 so far it deprives the petitioner from his pension, Arrears and other benefits. 10.2 That this Hon’ble Court may please to direct the respondents to regularize and grant the benefits of pension, arrears of pay in time scale from the date of initial appointment along with interest. 10.3 That this Hon’ble court may further be pleased to pass any other order in favour of petitioner as it may deem fit and proper under the facts and circumstances of the case with cost.” 2. It is the contention of the counsel appearing for the petitioners that, the petitioners, who are Doctors, posted at different Health Centers at Chhattisgarh, have been appointed by the erstwhile State of Madhya Pradesh by issuing advertisement and after getting the interviewed on the posts of Assistant Sergon/Medical Officers in District Bastar and Surguja in the year 1992 on Ad hoc basis. It is contended further that these petitioners are getting regular increments and have completed period of probation and, their services have been regularized by the concerned respondent-authorities, vide order dated 04/11/2016 (Annexure-P/1), but they have been deprived of the benefit of pension and arrears of pay from the date of their initial appointments, therefore, they have been constrained to file the instant petition claiming aforesaid reliefs. 3. Learned counsel appearing for the petitioners submits that the issue involved herein has already been decided by the Co-ordinate Bench of this Court on 23/01/2024 in the matter of ‘Dr. Onkar Lal Burman and others vs. State of Chhattisgarh and others’ passed in WPS No. 1592 of 2017 and other connected matters, therefore, the petitioners may be granted similar reliefs. 3 4. Learned counsel appearing for the respondent/State has not disputed the fact that the similar issue has already been decided by the Co- ordinate Bench of this Court in the said matter. 5. From perusal of the order passed in the said matter, the Co-ordinate Bench of this Court while examining the order impugned dated 04/11/2016 (Annexure- P/1) has observed at paragraphs No. 14 and 15, which are relevant for the purpose and read as under :- “14. Thus, considering the facts and circumstances of the case as well as the legal propositions of the Hon’ble Apex Court and this Court and other High Courts, the impugned order dated 04.11.2016 (Annexure-P/1), so far as condition Nos. 1 and 2 thereof are concerned, is hereby set aside, however the other part of the order is affirmed. The petitioners are also entitled for pensionary benefits and their past services be counted for grant of pensionary benefits. The respondent authorities are directed to calculate the pensionary benefits of the petitioners from the date of their initial appointment and the arrears be given to them for the said period. This exercise be completed within 6 months from the date of receipt of copy of this order. 15. All the writ petitions stand allowed to the extent indicated herein-above. No order as to costs.” 6. Since, the issue involved herein has already been decided in the above referred matter, the petition is, therefore, allowed and the petitioners are held entitled to get the similar benefits as granted by this Court in the said matter. 7. Accordingly, the petitioners are held entitled for pensionary benefits and their past services be counted for grant of pensionary benefits and 4 the respondent-authorities are directed to calculate the pensionary benefits of the petitioners from the date of their initial appointments and the arrears accrued be given to them for the said purpose. The said exercise be completed within 6 months from the date of receipt of the copy of this order. 8. The petition is, accordingly, disposed of with the aforesaid direction. No order as to cost(s). Sd/- (Rakesh Mohan Pandey) Judge vatti