1 2026:CGHC:189 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1580 of 2023 1 - Ku. Yashoda Sidar D/o Shri Rajkumar Sidar Aged About 28 Years Occupation - Service (Therapist - Female), Government Ayush Polyclinic, Jashpur, District - Jashpur (C.G.) 2 - Lov Kumar Ram S/o Shri Lalkhan Ram Aged About 23 Years Occuaption - Service (Therapist - Male), Government - Ayush Polyclinic, Jashpur, District - Jashpur (C.G.) ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through - The Director, Ayurved Yog Evam Prakritik Chikitsa Unani Siddh Evam Homeopathy (Ayush), Raipur (Chhattisgarh) 2 - The National Ayush Mission Sanchanalay Ayurved Yog Evam Prakritik Chikitsha Unani Siddh Evam Homeopathy Ayush , Old Mantralaya Parishar Raipur (C.G.) 3 - The Collector District - Jashpur (C.G.) 4 - The District Ayurved Officer District - Jahspur (C.G.) 5 - The In-Charge Medical Officer (Ayush) Policlinic Jahspur District - Jahspur (C.G.) ... Respondent(s) RAGHVENDRA JAT Digitally signed by RAGHVENDRA JAT 2 For Petitioner(s) : Mr. Rahul Mishra, Advocate. For Respondent(s)/State : Mr. Devesh G. Kela, Panel Lawyer. For Respondent No. 2 : Ms. Akanksha Jain, Advocate. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board 02/01/2026 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 The Hon'ble Court may kindly be pleased to call for the entire records from the Respondent authorities for its kind perusal. 10.2 The Hon'ble Court may kindly be pleased to set aside the impugned order (Annex ure P-1), issued by the Respondent No.04, in the interest of justice. 10.3 The Hon'ble Court may kindly be pleased to direct the Respondent authorities to allow the petitioners to discharge their duties at the respective place of posting within stipulated period. 10.4 The Hon'ble Court may kindly be pleased to pass any other order, as deem fit and proper under the facts and circumstances of the case with cost etc., in the interest of justice.” 2. Brief facts of the case, is that, respondent No. 03, pursuant to the instructions issued by the Office of the Chhattisgarh State Ayush Society, National Ayush Mission, Directorate Ayurveda, Yoga and 3 Naturopathy, Unani, Siddha and Homeopathy Department, vide letter dated 03.12.2021 bearing No. 07/02/Ra.Aa.Mi./2021/4199, issued an advertisement on 20.01.2022 inviting applications from eligible candidates for appointment through direct recruitment to the vacant posts of Massage Therapist (Female/Male) (मज  ट (म / ष)) on a daily wage basis, pursuant thereto, the petitioners duly participated in the recruitment process and, having been found successful in order of merit, were issued appointment orders dated 12.05.2022 by Respondent No. 03, appointing them at the Government Ayush Polyclinic, Jashpur, District Jashpur (C.G.), in compliance with the said appointment orders, the petitioners joined in the Office of the District Ayurved Officer, Jashpur, and were thereafter directed to join at the Ayush Polyclinic, Jashpur, which they duly did, as reflected from the documents; the petitioners continued to discharge their duties with utmost sincerity and without any complaint, however, all of a sudden, vide order dated 03.11.2022, their services were discontinued in blatant contravention of law merely on the basis of an alleged “oral instruction on video-call,” which is per se illegal and unsustainable in law; being aggrieved by the impugned discontinuation order as well as the non-payment of their salary, the petitioners made representations to the respondent authorities pointing out that they were appointed after due process of law and had performed their duties without any stigma, yet their services were stopped and salaries withheld on the purported ground of 4 non-allocation of funds. 3. Learned counsel for the petitioners submits that the present petition has been filed challenging the termination of the petitioners’ services, which was effected solely on the ground that budgetary allocation for the post of Massage Therapist (Female/Male) was not available, and on that basis it was contended by the respondents that the services of the petitioners could not be continued. He further submits that the said ground is wholly unsustainable inasmuch as, at present, the requisite budgetary provision for the said post has admittedly been allocated, yet despite the availability of funds and the continued existence of sanctioned posts, the petitioners have not been reconsidered or reinstated, thereby rendering the impugned action arbitrary, unreasonable, and violative of the principles of fairness and equity. 4. On the other hand, learned counsel appearing for respondent No. 2 submits that there is no sanctioned or existing post of Massage Therapist (Female/Male) in the concerned department and, in the absence of such a sanctioned post, no budgetary provision can be made or allocated by the competent authorities. It is further contended that since there is neither a recognized cadre nor a financial sanction for the said post, the question of accommodating or continuing the petitioners against a non- existent post does not arise, and therefore, the claim of the petitioners is wholly untenable in the eyes of law. 5 5. At this stage, learned counsel appearing on behalf of the petitioners respectfully submits that he may be permitted to withdraw the present petition, while further bringing to the notice of this Court that a representation submitted by the petitioners is already pending consideration before the concerned competent authorities, and, therefore, appropriate liberty may be granted to pursue the said representation in accordance with law. 6. I have heard learned counsel for the parties and perused the material available on record. 7. Considering the overall facts and circumstances of the case, and taking into account the submissions made, it is observed that in the event any post becomes available which is commensurate with the qualifications of the petitioners, the concerned respondent authorities shall be at liberty to consider and accommodate the petitioners strictly in accordance with law; however, such accommodation shall be subject to the existence of a sanctioned post and the availability of requisite budgetary allocation for the said post, and no right shall accrue to the petitioners in the absence of fulfillment of these statutory and financial requirements. 8. With this observation and direction, the writ petition is disposed of. Sd/- (Amitendra Kishore Prasad) Judge Raghu Jat