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2026 DAILYLAW 36729 (CHH)

DR. MRS. KUMUDINI KERKETTA v. STATE OF CHHATTISGARH

WPS/4119/2026 · 2026-09-20

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010192612026 2026:CGHC:41001 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4119 of 2026 Dr. Mrs. Kumudini Kerketta W/o Late Shri Vivian Minj Aged About 67 Years R/o Near Ara Mill, Bhagalpur, Jashpur, P.O. and P.S. Jashpur, Distt. Jashpur, Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Department of Health and Family Welfare, Mahanadi Bhawan, Naya Raipur, Atal Nagar, Distt. Raipur, Chhattisgarh. 2 - Director Department of Health and Family Welfare, Indrawati Bhawan, Naya Raipur, Atal Nagar, Distt. Raipur, Chhattisgarh. 3 - Joint Director Health Services, Surguja Division At Ambikapur, Distt. Surguja, Chhattisgarh. 4 - Chief Medical And Health Officer Jashpur, Distt. Jashpur, Chhattisgarh. 5 - Civil Surgeon Cum Chief Hospital Superintnendent District Hospital Jashpur, Distt. Jashpur, Chhattisgarh. ... Respondents For Petitioner : Mr. Prateek Sharma, Advocate For State/Respondent : Mr. Saumitra Kesharwani, PL (Hon’ble Shri Justice Bibhu Datta Guru) Order on Board 21/09/2026 1. The petitioner has filed the present writ petition seeking, inter alia, grant of retiral benefits with proper pay fixation, grant of Senior Grade pay ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.09.23 10:41:00 +0530 2 scale with effect from 01.01.2006, Selection Grade Pay Scale with effect from 01.01.2013, grant of six increments, salary for the period of suspension, benefits of four-tier time-bound pay scale, along with arrears and interest thereon. The petitioner has also prayed for completion of the departmental enquiry within a time-bound period. 2. Learned counsel appearing for the petitioner submits that the petitioner was appointed on the post of Medical Officer and subsequently retired from service on 30.09.2024. It is submitted that the petitioner is entitled to consideration of her claim for the aforesaid service and retiral benefits in accordance with the applicable service rules, but the same have not yet been concluded. He would next submit that as far as the charge is concerned there is no charge of financial irregularities against the petitioner and the respondents be directed to conclude the departmental enquiry initiated against the petitioner within a stipulated period. 3. Learned counsel appearing for the respondents/State, on instructions, submits that earlier, the petitioner had approached this Court by filing WPS No.4082 of 2019 in respect of the proceedings relating to her suspension and the said writ petition was subsequently disposed of as withdrawn consequently, the interim order operating in favour of the petitioner consequently stood vacated. Thereafter, the departmental enquiry has already been initiated and the same shall be concluded expeditiously within a period of 30 days. 4. I have heard learned counsel for the parties and perused the documents. 5. Considering the submissions made by learned counsel for the parties, 3 this Court is of the view that the grievance of the petitioner can appropriately be redressed by directing the competent authority to conclude the departmental enquiry and thereafter consider the petitioner's claim in accordance with the applicable service rules. Accordingly, without entering into the merits of the rival claims, the respondents/competent authority are directed to conclude the departmental enquiry initiated against the petitioner and consider and decide the petition/representation dated 07.01.2021 within a period of 30 days from the date of receipt of a copy of this order. Upon conclusion of the departmental enquiry, the competent authority shall pass an appropriate and reasoned order on the claim of the petitioner for the admissible service and retiral benefits within a further period of 60 days. 6. With the aforesaid directions, the writ petition stands disposed of. SD/- SD/- (Bibhu Datta Guru) JUDGE ashu