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2026 DAILYLAW 29377 (CHH)

SMT. ANITA SINGH v. STATE OF CHHATTISGARH

WPS/5684/2026 · 2026-07-28

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010288772026 2026:CGHC:32513 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5684 of 2026 Smt. Anita Singh W/o Punni Ram Paikra Aged About 40 Years Posted As Block Co-Ordinator (BC) Mitanin Program Of State Health Resources, Centre Block Lakhanpur, R/o Village Jaipur, Post - Lakhanpur, District Surguja Chhattisgarh ... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Health And Medical Services Department Mantralaya, Raipur, Distt. Raipur Chhattisgarh 2 - Director State Health System Resource Centre (SHSRC) Earlier Known As State Health Resource Centre (SHRC), Located At First Floor, State Health Training Centre Building Bijli Office Chowk, Near Kalibadi Raipur Chhattisgarh 3 - Director National Health Mission, Swasthya Bhawan, 3rd Floor, Sector 19, Nava Raipur Atal Nagar Distt. Raipur Chhattisgarh 4 - Chief Medical & Health Officer Surguja, District Surguja Chhattisgarh 5 - Block Medical Officer Block Lakhanpur, District Surguja Chhattisgarh SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.07.29 18:43:10 +0530 2 ... Respondent(s) (Cause title is taken from Case Information System) For Petitioner : Mr. Bhupendra Singh, Advocate For Respondents/ State : Ms. Akanksha Verma, Panel Lawyer For Respondent No.3 : Mr. Kaushal Yadav, Advocate Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 29.07.2026 1. The present writ petition has been filed by the petitioner seeking quashment of the impugned removal order dated 29.01.2022 (Annexure P/1), whereby the petitioner has been removed from the service. 2. At the very outset, learned counsel appearing for the parties would submit that the similar issue as involved in the present writ petition has already been considered and decided by this Court vide order dated 11.03.2025 passed in WPS No. 196 of 2025 (Horilal Agrawal vs. State of Chhattisgarh & Others) and other connected matters, wherein this Court held as under:- “14. In a recent judgment in Swati Priyadarshini case (supra), the Hon’ble Supreme Court has categorically held that opportunity of hearing is a must even for the employees who were appointed temporarily or on contract, if on allegation they are being removed. Since the petitioners have been removed without following the directions issued by the State Government and further they have not been granted opportunity of hearing before passing of their removal orders, further 3 since the so called inquiry as well as the orders of removal have been passed during the pandemic Covid- 19 without granting opportunity of hearing, as such the entire action taken for removal of the petitioners is per se illegal. 15. In the present matters, the orders of removal have been passed by the Chief Medical and Health Officer alone, therefore, the orders of removal are contrary to the scheme dated 24.9.2011. Accordingly, all the orders of removal of the petitioners, as stated in first paragraph of this judgment, are hereby quashed. 16. Since the petitioners have not worked for a considerable period, as such they cannot claim arrears of remuneration. However, the petitioners are liable to be taken back in their service as Mitanins and Mitanin Trainees. The petitioners are directed to produce a copy of this order before the authorities concerned and in turn the authorities are directed to take back the services of the petitioners as Mitanins and Mitanin Trainees forthwith. The respondents authorities would be at liberty to initiate a fresh inquiry strictly in accordance with the provisions of circular dated 24.9.2011, if so advised. 17. With the aforesaid observations and directions, all the writ petitions are disposed of.” 3. In view of the above and having considered the submissions made by learned counsel for the parties and having gone through the materials available on record, it is evident that the facts and issue involved in this petition is identical to WPS No. 196 of 2025, this Court deems it appropriate not to take a view other 4 than what has been taken in the aforesaid writ petition. 4. Accordingly, the present petition is disposed of in terms of the order dated 11.03.2025 passed in WPS No. 196 of 2025 and other connected matters Sd/- (Bibhu Datta Guru) JUDGE $. Bhilwar