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2026 DAILYLAW 32997 (CHH)

RAJKUMAR MATHUR v. STATE OF CHHATTISGARH

WPS/4005/2022 · 2026-08-19

Shri Rakesh Mohan Pandey

body2026

Judgment text

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1 CGHC010192072022 2026:CGHC:37307 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4005 of 2022  Rajkumar Mathur S/o Ganesh Ram Mathur Aged About 32 Years R/o Village And Post Kamthi, Tahsil Pandariya, District- Kabirdham, Chhattisgarh ... Petitioner versus 1. State Of Chhattisgarh Through The Secretary, Health Department, Mahanadi Bhavan, Mantralaya, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh 2. Divisional Joint Director Health Services Raipur Division, Raipur, District Raipur, Chhattisgarh 3. Chief Medical and Health Officer, Kabirdham, District Kabirdham, Chhattisgarh 4. Collector Kabirdham, District- Kabirdham, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Subham Tripathi, Advocate holding the brief of Mr. Awadh Tripathi, Advocate For State : Mr. Khulesh Sahu, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 20.08 .2026 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That, this Hon'ble Court may kindly be pleased to allow the writ petition and set-aside the impugned order dated 08.06.2022 passed by the respondent no. 3 which relates to the petitioner and directed the respondent not to attach the services in this manner, in the interest of justice. 10.2 Any other relief, which may deem fit and proper in the facts and circumstances of the case, may also be allowed.” 2. Learned counsel for the petitioner would submit that the petitioner was working on the post of Rural Heath Coordinator (Male) at Sub-Health Center SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2026.08.24 15:07:45 +0530 2 Komo, Block Bodla, District Kabirdham. His services were attached with Sub-Health Center Nawagaon Khurd, Block Lohara, District Kabirdham by the respondent No. 3 vide order dated 08.06.2022. Mr. Tripathi would contend that order of attachment is in contravention to the circular issued by the department dated 07.02.2022 and various circulars issued by the State Government from time to time. He would contend that the petitioner is still working at Sub-Health Center Komo, Block Bodla pursuant to interim order dated 22.06.2022. He would pray to allow this petition. 3. On the other hand, Mr. Sahu would oppose. He would submit that Annexure P/1 is not an order of attachment rather it is an order of work distribution. It is also contended that circular dated 07.02.2022 would not ensure to the rescue of the petitioner as present is not a case of attachment. He would contend that instant petition is misconceived and deserves to be dismissed. 4. Heard. 5. Having considered the fact that the services of the petitioner were attached temporarily from Sub-Health Center Komo, Block Bodla to Sub-Health Center Nawagaon Khurd, Block Lohara vide order dated 08.06.2022, whereas, such attachment is forbidden according to the circular dated 07.02.2022, therefore, the order Annexure P/1 dated 08.06.2022 pertaining to the petitioner is hereby quashed. 6. Interim order granted earlier is hereby vacated. 7. In result, this petition is allowed. Sd/- (Rakesh Mohan Pandey) JUDGE $iddhant