1 / 4 2026:CGHC:15634 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 69 of 2025 • Lakhan Lal Dubey S/o Lt. Shri Puran Prasad Dubey Aged About 50 Years R/o M.H.-5 Community Health Center, Bilha, P.S. Bilha, District Bilaspur, Chhattisgarh ... Petitioner versus 1. State Of Chhattisgarh Through Secretary, Department Of Health And Family Welfare Department Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh 2. Director Health Services, Block-1, Third Floor, Indravati Bhawan, Naya Raipur, District Raipur, Chhattisgarh 3. Chief Medical And Health Officer Bilaspur, District Bilaspur, Chhattisgarh ... Respondent For Petitioner : Mr. Abhinav Dahariya, Advocate For Respondent-State : Ms. Apurva Nigam, Panel Lawyer Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 06/04/2026 1. Petitioner has filed this writ petition seeking following reliefs. “10.1 That, the Hon’ble Court may kindly be pleased to pass an order quashing/ set aside the impugned order dated 06.02.2024 (Annexure P- 2). 10.2 That, the Hon’ble Court may kindly be pleased to direct the respondent to grant permanent appointment to the petitioner in the post of X-ray technician as per the rules. 10.3 Any other relief or reliefs may also be granted to the petitioner which this Hon’ble Court deems fit and proper in the facts and circumstances of the case.” 2. Learned counsel for petitioner submits that initially petitioner was appointed on the post of Driver in the year 1995. In the year 2007, petitioner met with PAWAN KUMAR JHA Digitally signed by PAWAN KUMAR JHA 2 / 4 an accident and suffered grievous injuries over his hip along with other parts of the body. After treatment, injuries suffered by him could not be cured fully and the doctor assessed permanent disability to the extent of 60%. When the respondents-authorities have not considered the request of petitioner to give him other work and to engage him on other post, petitioner filed a writ petition bearing WPS No. 2974/2015 taking support of the provisions of Section 47 of the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (henceforth referred as “Act of 1995”). Said writ petition was disposed of with a direction to respondents-authorities to consider the claim of petitioner and pass appropriate orders with regard to change of nature of work of petitioner and the same may be changed as per applicable law/ rules considering the qualification of petitioner. Pursuant thereto, respondents-authorities issued Annexure P-2 order dated 06.02.2024 whereby petitioner was temporarily directed to do the clerical work, however, the rank of petitioner has not been changed from that of driver to clerk grade, thereby respondents have not complied with the directives issued by this Court in the order passed in writ petition. 3. Learned counsel for the respondents-State opposes the submission of learned counsel for petitioner and would submit that in the writ petition also while considering grievance of petitioner the writ court has only observed that the petitioner could not perform duties of driver, hence, respondents- authorities were directed to pass appropriate order with regard to change of nature of work. She also submits that in compliance with the directions of the Hon’ble Court in order dated 20.07.2023 passed in WPS No. 2974/2015, and considering the petitioner’s 60% permanent physical disability (Left Hip Joint Infusion), the respondents have duly considered his case. Accordingly, vide order dated 06/02/2024 (Annexure-P-2), the petitioner has been temporarily assigned clerical duties in the Office of Community Health Center, Bilha, District Bilaspur, until further orders. As per the applicable 3 / 4 departmental/service rules, there is no provision for change of cadre from the post of Driver to Assistant Grade-III or any equivalent post. Therefore, petitioner shall continue to draw salary against his substantive post of Driver. However, in view of his disability, only the nature of duties has been modified to clerical work, which the petitioner is capable of performing. She further submits that with regard to the circular dated 01/10/2005 issued by the General Administration Department, Government of Chhattisgarh (Annexure- P-3), benefit of the said circular has already been extended to the petitioner. 4. I have heard learned counsel for the respective parties and also perused the documents enclosed along with writ petition. 5. In the earlier writ petition filed by petitioner in the yea 2015, though the claim of petitioner has been raised by the petitioner to engage him on the post of Assistant Grade-III, the court has only considered and directed the respondents-authorities to pass appropriate orders with regard to change of nature of work. Respondents-authorities vide order Annexure P-2 considering the disability suffered by petitioner as also the order passed in WPS No. 2974/2015 has ordered the petitioner to perform clerical work with condition that the substantive post of petitioner shall remain as driver for the purpose of service benefit and his salary to be drawn from Community Health Centre, Bilha. 6. From the aforementioned facts, it is apparent that petitioner is not put to disadvantageous position due to disability suffered by him, his salary and the post/ rank has been maintained by the respondents-authorities. Petitioner will get the salary which he was receiving prior to date of suffering of disability and therefore in the opinion of this Court, respondents-authorities have acted in the interest of petitioner which is in consonance with the provisions of the Act of 1995. If any officer/ employee suffers with permanent disability than in that case it is not that the substantive post is to be changed but the object of the Act of 1995 is to keep such employee in service protecting his/ her 4 / 4 service benefits which he/she was enjoying prior to date of suffering of disability. 7. For the foregoing discussion, I do not find any merit in this writ petition. The writ petition being sans merit, it is liable to be and is accordingly dismissed. Sd/- (Parth Prateem Sahu) pwn JUDGE