1 CGHC010179632026 2026:CGHC:42221 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 1403 of 2026 1 - Dr. Dinesh Kumar Shrivastava S/o Lt. Ganesh Ram Shrivastava, Aged About 67 Years R/o Plot No. 11 Indira Comm. Complex, T P Nagar, Korba, District - Korba (C.G.) ... Petitioner Versus 1 - Mukesh Chouhan Under Secretary Of Health And Family Welfare Department, Mahanadi Bhawan, Naya Raipur, Atal Nagar, District - Raipur, (C.G.) ... Respondent For Petitioner : Mr. Y.C. Sharma, Senior Advocate along with Mr. Md. Shahid Raza, Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 28/09/2026 1. Petitioner has filed this contempt petition alleging willful disobedience of the order passed by this Court in WP(S) No. 5549/2023 dated 10.08.2023. 2. Learned counsel for the petitioner submits that petitioner filed W.P.(S) No. 5549 of 2023 against the inaction on the part of the respondent authorities, whereby application submitted by petitioner for his voluntary retirement was not considered even after the date of 2 superannuation had passed. The petitioner had sought limited relief with regard to payment of retiral dues and arrears of salary. He submits that this Court vide order dated 10.08.2023 has directed the State to examine the case and place on record their reply keeping in view the fact that petitioner has already attained the age of superannuation, therefore, there is no question of his termination. He submits that, instead of considering the case of petitioner, respondent authorities passed the order dated 16.10.2024 treating his absent from duty for more than three years from 07.09.2003 as deemed resignation. Therefore, respondent has committed contempt of order dated 10.08.2023, passed by this Court in WPS No. 5549 of 2023. 3. I have heard learned counsel for petitioner and also perused the documents placed on record. 4. A perusal of the order, which is the subject matter of the present contempt petition, shows that this Court had directed the State to examine the petitioner’s case and file its reply. The Court also observed that, as the petitioner had already attained the age of superannuation, there was no question of his termination. 5. Pursuant to the order passed by this Court on 10.08.2023, respondent has passed the order dated 16.10.2024 (Annexure C-2), stating that petitioner had remained continuously absent from service for more than three years from 07.09.2003 and treated his absent as a deemed resignation. 6. Considering the aforementioned facts and circumstances of the case, it is clear that this Court had only directed the respondent to examine 3 case of petitioner and file reply. In compliance of the order passed by this Court, respondent considered application of petitioner submitted on 31.12.2021 for voluntary retirement and passed the order dated 16.10.2024. Therefore, there is no willful disobedience of the order passed by this Court on 10.08.2023. If petitioner is aggrieved by the order dated 16.10.2024, he may challenge the same by filing appropriate proceeding, in accordance with law. 7. For the foregoing discussions I do not find any good ground to continue with the contempt petition. Accordingly, the contempt petition is dismissed. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY