1 CGHC010250142022 2026:CGHC:35885 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5264 of 2022  Smt. Manju Baghel W/o R.K. Baghel Aged About 54 Years Posted As Assistant Nursing Superintendent, Dr. Bhim Rao Ambedkar Memorial Hospital, Raipur, R/o H.No. A-46, Raj Villa, Jhanda Chowk, Radha Swami Nagar, Bhatagaon, Raipur, Chhattisgarh. ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhavan, Atal Nagar, Raipur, Chhattisgarh. 2. Principal Secretary Department Of Finance, Mahanadi Bhavan, Atal Nagar, Raipur, Chhattisgarh. 3. Office Joint Director And Superintendent Dr. Bhim Rao Ambedkar Memorial Hospital Raipur, Chhattisgarh. 4. The Joint Director, Treasury Accounts And Pension, Raipur, Chhattisgarh. ... Respondent(s) For Petitioner : Mr. Akash Kumar Kundu, Advocate For State : Mr. Abhishek Singh, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 13.08 .2026 1. The petitioner has filed this petition seeking following relief(s) :- “10.1 That, petitioner most respectfully prays that this Hon'ble Court may kindly be pleased to set aside/quash the impugned recovery order dated 31.03.2022 (ANNEXURE P/1) and return back the amount recovered from the petitioner. 10.2 That, petitioner most respectfully prays that this SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.08.13 18:11:13 +0530 2 Hon'ble Court may kindly be pleased to stay the impugned recovery order dated 31.03.2022 (ANNEXURE P/1) and the respondents be directed to pay salary to the petitioner with the advance increments as granted earlier before the impugned recovery order. 10.3 Any other relief or reliefs that may be deemed fit and proper in the facts and circumstances of the case may be also kindly be granted. 2. Admittedly, the petitioner was appointed to the post of Nursing Staff under the respondents on 06.04.1987. According to the circular issued by the erstwhile Madhya Pradesh, diploma holder nurses were granted three advance increments and degree holder nurses were granted four advance increments as per circular dated 11.09.1985. This practice continued for a considerable period and subsequently, the respondent No.1 vide order dated 27.05.2003, extended the benefit of 3 & 4 advance increments to the staff nurses appointed between 01.04.1981 to 10.09.1985. 3. The benefit of grant of 3 & 4 advance increments to diploma holders and degree holders staff nurses was made applicable to the staff nurses appointed between 1986 to 2005; thereafter, the respondent No.1 vide memo dated 05.01.2008 benefit of grant of 3 & 4 advance increments was confined to those staff nurses, who were appointed prior to 01.01.1986. 4. A communication was made on 05.08.2014, wherein it was stated that the B.Sc. (Nursing) or General Nursing or Midwifery Training has been made an essential qualification for appointment to the post of Staff Nurse; therefore, the nursing staff would not be entitled to 3 & 4 advance increments. In the said circular, recovery of excess payment was also recommended. 5. Mr. Akash Kumar Kundu, learned counsel appearing for the petitioner would argue that the petitioner had acquired General Nursing prior to issuance of notification of Rules of 2013, therefore, it cannot be applied with retrospective effect against the petitioner. He would fairly submit that the order of recovery issued against the petitioner has already been withdrawn by 3 the State Government and the recovery amount, if any, has been refunded. He would submit that the High Court of Madhya Pradesh in the matter of Rakesh Verma v. State of Madhya Pradesh & ors. passed in W.P. No.10532 of 2020 & other connected matters, while dealing with a similar issue, extended the benefit of advance increments to computer operators. He would submit that the facts of the present case are similar to the facts of the cited case. 6. On the other hand, Mr. Abhishek Singh, Panel Lawyer appearing for the State would submit that the essential qualification for Staff Nurse is governed according to the Chhattisgarh Health and Family Welfare Department Non-Ministerial Para-Medical and Nursing (Directorate Health Services) Class-III Service Recruitment Rules, 2013 (for short, the Rules, 2013). He would contend that the decision was taken by the State to grant 3 & 4 advance increments to the Staff Nurses prior to year 2013 to encourage them to acquire basic nursing training. He would further contend that since B.Sc. (Nursing) or General Nursing or Midwifery training or diploma in Nursing has been made an essential qualification, the State Government rightly withdrew the benefit of 3 & 4 advance increments; thus, the petition is misconceived and deserve to be dismissed. 7. Heard learned counsel for the parties and perused the documents. 8. It appears that W.P.S. No.5654 of 2017 was filed by two petitioners challenging the impugned orders, and the said petition was disposed of vide order dated 14.06.2021 with a direction to respondents No.1 to 3 to take a decision within a period of 4 months. It appears that till date no decision has been taken. It is also not in dispute that the petitioner was appointed to the post of Staff Nurse when B.Sc. Nursing was not an essential qualification for the post of Staff Nurse. 9. As the petitioner has acquired said qualification prior to 1985, a decision has been taken by the State authorities to withdraw the benefit of advance increments after 25-30 years, which appears to be unreasonable. There must be a plausible reason to withdraw any benefit which was extended to the persons way, when there was a need for trained Staff Nurses. However, in the recruitment rules, B.Sc. 4 (Nursing) has been made essential qualification for appointment to the post of Staff Nurse, therefore, State withdrew grant of advance increments. 10. Be that as it may, as the State Government has not taken any decision till date despite the order passed in W.P.S. No.5654 of 2017, without making any observation on the merits of the case, this petition is hereby disposed of with a direction to the petitioner to make a detailed representation within a period of 10 days, and the respondent authorities are directed to take a decision in an objective manner within a further period of 30 days. 11. The authority concerned shall consider the judgment passed by the High Court of Madhya Pradesh in W.P. No.10532 of 2020 and the position of nurses in the State of Madhya Pradesh. 12. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant