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2026 DAILYLAW 7736 (CHH)

SMT. MALVIKA DUTTA v. STATE OF CHHATTISGARH

WPS/3587/2026 · 2026-04-23

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:18933 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3587 of 2026 1 - Smt. Malvika Dutta W/o S. Raju Dutta, Aged About 61 Years R/o Ward No. 5 Nayapara Block Colony Antagarh, Uttar Bastar, District Kanker (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Family And Health Care Department Sec 19 Atal Nagar Naya Raipur District Raipur (C.G.) 2 - Block Medical Officer Community Health Center Antagarh District Uttar Bastar Kanker (C.G.) 3 - State Of Chhattisgarh Through The Commissioner, Deputy Director, Health Services North Block Sec 19 First Floor Naya Raipur, District Raipur (C.G.) 4 - Chief Medical And Health Officer District Uttar Bastar Kanker (C.G.) ... Respondents For Petitioner : Mr. Vikash Upadhyay, Advocate For Respondents-State : Mr. Suyashdhar Badgaiya, G.A. Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 24/04/2026 1. Petitioner has filed this petition seeking following reliefs :- “10.1 a) That, That, Stay the Impugned relieving order dated 18.03.2026 bearing Patra Kramank 336/2026, issued by the Block Medical Officer (Khand Chikitsadhikari), Community Health Centre, Antagarh, District Uttar Bastar Kanker (C.G.), whereby the petitioner has been directed to be relieved from Community Health Centre, Antagarh for BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN 2 posting at Sub Health Centre, Temrupani, in interest of justice. 10.b) That Direct the Respondents to allow the petitioner to continue at her original place of posting under Respondent No. 2, with all consequential benefits, including protection of seniority, service continuity, and salary, in the interest of justice. 10.c) In the alternative, direct the respondents to consider and decide the representations dated 27.03.2026 and 30.03.2026 submitted by the petitioner, within a time-bound manner; 10.d) Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favor of the petitioner's. 10.e) Pass such other or further orders as this Hon'ble Court may deem just and proper in the interest of justice.;” 2. Learned counsel for petitioner submits that petitioner is working at Community Health Center, Antagarh. Vide order Annexure P-1, she is ordered to be relieved from the Community Health Center, Antagarh and to join to Sub-Health Center, Temrupani. Petitioner is due to retire on 31.07.2027 and is also suffering with some medial ailment. Petitioner has submitted representation requesting the authorities to permit her to continue at Community Health Center, Antagarh on 30.03.2026, therefore, direction be issued to Director, Health Services, Raipur to consider and take decision on the representation submitted by petitioner. He submits that she will submit fresh representation before respondent No.4 and respondent No.4 be directed to consider and take decision on the representation to be submitted by petitioner. 3. Learned State counsel submits that in view of the limited prayer made by learned counsel for petitioner, he is having no objection. 4. On due consideration of the submission of learned counsel for respective parties, nature of grievance as raised in this writ petition at 3 this stage, this writ petition is disposed of permitting petitioner to submit fresh comprehensive representation before the Director, Health Services, Raipur and Chief Medical & Health Officer/Respondent No.4 and if such representation is submitted, the concerned authorities shall consider and take decision on the same, in accordance with law, expeditiously preferably within further period of three weeks from the date of receipt of order. 5. With the aforesaid observations and directions, this petition stands disposed of. Sd/- (Parth Prateem Sahu) JUDGE Balram