Chattisgarh High Court
Bhuvneshwar Dhritlahare vs State Of Chhattisgarh 52 Wa/176/2019 ... on 29 March, 2019
Author: Prashant Kumar Mishra
Bench: Prashant Kumar Mishra, Parth Prateem Sahu
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WA No. 187 of 2019
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
WA No. 187 of 2019
Bhuvneshwar Dhritlahare S/o Motiram Dhritlahare, Aged
About 30 Years R/o Village Paraswani, Police Station
Bhatapara, Civil And Revenue District Baloda Bazar
Bhatapara, Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department
Of Health Mahanadi Bhawan, Capital Complex, Secretariat,
Naya Raipur, District - Raipur Chhattisgarh.
2. Director Health Services, Directorate Of Health Services,
Block-1, Indrawati Bhawan, 3rd Floor, Naya Raipur, District
Raipur Chhattisgarh.
3. The Chief Medical And Health Officer Baloda Bazar, District
Baloda Bazar - Bhatapara Chhattisgarh.
---- Respondents
WA No. 176 of 2019
Rajesh Kumar Yadav S/o Krishna Kumar Yadav, Aged About
28 Years Occupation Sweeper, Government Community
Health Centre Simga, Thana Simga, District , Baloda Bazar -
Bhatapara, Chhattisgarh, R/o Village Simga, Post Office
Simga, Block Simga, District Baloda Bazar - Bhatapata
Chhattisgarh.
---- Petitioner
Versus
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WA No. 187 of 2019
1. State Of Chhattisgarh Through The Secretary, Department
Of Health Mahanadi Bhawan Capital Complex, Secretariat,
Naya Raipur, District Raipur Chhattisgarh, (Respondent No.
1).
2. The Director, Directorate Of Health Services, Block - 1,
Indrawati Bhawan, 3rd Floor, Naya Raipur District Raipur
Chhattisgarh, (Respondent No.2).
3. Collector, District Baloda Bazar - Bhatapata Chhattisgarh,
(Respondent No. 3).
4. The Chief Medical And Health Officer Baloda Bazar, District
Baloda Bazar - Bhatapata Chhattisgarh, (Respondent No.
4).
5. Block Health Officer, Public Health Centre, Simga, District
Baloda Bazar - Bhatapara Chhattisgarh, (Respondent No.
5).
---- Respondents
WA No. 179 of 2019
Chanchal Kumar Nayak S/o Tej Shanker Nayak Aged About
23 Years Occupation - Service, Presently Posted And
Working As Driver At Community Health Centre, Kasdol,
Police Station And Block - Kasdol, Civil And Revenue District
Baloda Bazar Bhatapara Chhattisgarh. R/o Village -
Kushbantha, Post - Nagardas, Police Station And Block -
Kasdol, Civil And Revenue District Baloda Bazar Bhatapara
Chhattisgarh.
---- Petitioner
Versus
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WA No. 187 of 2019
1. State Of Chhattisgarh Through The Secretary, Department
Of Health, Mahanadi Bhawan, Mantralaya, Naya Raipur,
Post Office And Police Station Naya Raipur, District Raipur
Chhattisgarh.
2. Director Directorate Of Health Service, Block 1, Indrawati
Bhawan, 3rd Floor, Naya Raipur, Post Office And Police
Station Naya Raipur, District Raipur Chhattisgarh.
3. Collector District Baloda Bazar Bhatapara Chhattisgarh.
4. Chief Medical And Health Officer District Baloda Bazar
Bhatapara Chhattisgarh.
---- Respondents
WA No. 180 of 2019
Tushar Kumar Sahu S/o Late Nand Kumar Sahu, Aged
About 26 Years, Occupation Dresser, Government Primary
Health Centre, Hathband, Thana Simga, Distt. Baloda Bazar
Bhatapara Chhattisgarh R/o Village Aourethi, Thana Simga,
Distt. Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary Department
Of Health Mahanadi Bhawan, Capital Complex, Secretariat,
Naya Raipur, Distt. Raipur Chhattisgarh.
2. The Director, Directorate Of Health Services, Block-1,
Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur
Chhattisgarh.
3. Collector, District Baloda Bazar Bhatapara Chhattisgarh.
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WA No. 187 of 2019
4. The Chief Medical And Health Officer, Baloda Bazar, District
Baloda Bazar Bhatapara Chhattisgarh.
5. Block Health Officer Public Health Centre, Simga, District
Baloda Bazar Bhatapara Chhattigarh.
---- Respondents
WA No. 181 of 2019
Smt. Narita Sahu W/o Thanu Ram Sahu Aged About 33
Years, Occupation - Service, Presently Posted And Working
As Auxiliary Nurse Midwife At Primary Health Center,
Barnawapara, Police Station And Block - Kasdol, Civil And
Revenue District Baloda Bazar - Bhatapara Chhattisgarh,
R/o Village - Borsi, Police Station Rajim, Civil And Revenue
District Gariyaband Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department
Of Health Mahanadi Bhawan Capital Complex, Secretariat,
Naya Raipur, District Raipur Chhattisgarh, (Respondent No.
1).
2. The Director, Directorate Of Health Services, Block - 1,
Indrawati Bhawan, 3rd Floor, Naya Raipur District Raipur
Chhattisgarh, (Respondent No. 2).
3. The Collector, Collectorate, District Baloda Bazar -
Bhatapata Chhattisgarh, (Respondent No. 3).
4. The Chief Medical And Health Officer, Baloda Bazar, District
Baloda Bazar - Bhatapata Chhattisgarh, (Respondent No.
4). ---- Respondents
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WA No. 187 of 2019
WA No. 182 of 2019
Indra Kumar Verma S/o Shri Pawan Kumar Verma Aged
About 25 Years Occupation- Peon, R/o Village- Korda, Post-
Lavan, District- Balodabazar- Bhatapara, Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department
Of Health, Mahanadi Bhawan, Capital Complex, Secretariat
Naya Raipur, District- Raipur, Chhattisgarh.
2. The Director Through Directorate Of Health Service, Block
1, Indrawati Bhawan, 3rd Floor, Naya Raipur, District- Raipur
Chhattisgarh.
3. The Collector Through District- Baloda Bazar-Bhatapara,
Chhattisgarh.
4. The Chief Medical And Health Officer Through Raipur,
District- Raipur, Chhattisgarh.
5. The Chief Medical And Health Officer Through Balodabazar,
District- Baloda Bazar- Bhatapara, Chhattisgarh.
---- Respondents
WA No. 183 of 2019
Bhojraj Sao S/o Pardeshi Sao Aged About 24 Years
Occupation Watchman, Government Primary Health Center
Damakheda, Thana Simga, District Baloda Bazar
Bhatapara, Chhattisgarh, R/o Village Damakheda, Thana
Simga, District Baloda Bazar Bhatapara, Chhattisgarh.
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WA No. 187 of 2019
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Health
Depatment, Mantralaya, Mahanadi Bhawan, Naya Raipur,
District Raipur, Chhattisgarh.
2. The Director Directorate Health Service, Block 1, Indrawati
Bhawan, 3rd Floor, Naya Raipur, District Raipur,
Chhattisgarh.
3. Collector District Baloda Bazar, Bhatapara, Chhattisgarh.
4. Chief Medical And Health Officer Baloda Bazar, District
Baloda Bazar Bhatapara, Chhattisgarh.
5. Block Health Officer Public Health Center Simga, District
Baloda Bazar Bhatapara, Chhattisgarh.
---- Respondents
WA No. 185 of 2019
Bhuwan Lal Yadav S/o Mayalal Yadav Aged About 36 Years
R/o Village Ghunchapali, Bagbahara, Police Station
Bagbahara, Post Ruchapali District Mahasamund
Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Health
Depatment, Mantralaya, Mahanadi Bhawan, Capital
Complex, Secretariat, Naya Raipur, District Raipur,
Chhattisgarh.
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WA No. 187 of 2019
2. The Director Directorate Of Health Services Block-1,
Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur,
Chhattisgarh.
3. The Collector Collectorate, District Baloda Bazar Bhatapara,
Chhattisgarh.
4. The Chief Medical And Health Officer Raipur District Raipur,
Chhattisgarh.
5. The Chief Medical And Health Officer Baloda Bazar, District
Baloda Bazar Bhatapara Chhattisgarh.
---- Respondents
WA No. 186 of 2019
Meena Sahu W/o Shri Daulat Ram Sahu Aged About 35
Years R/o Village And Post Datrenga, Than And Tahsil
Bhatapara, District Baloda Bazar Bhatapara, Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department
Of Health Mahanadi Bhawan, Capital Complex, Secretariat,
Naya Raipur, District Raipur Chhattisgarh.
2. The Director Directorate Of Health Service, Block 1,
Indrawati Bhawan 3rd Floor, Naya Raipur, District Raipur
Chhattisgarh.
3. The Collector Collectorate, District Balodabazar Bhatapara,
Chhattisgarh.
4. The Chief Medical And Health Officer Raipur District Raipur
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WA No. 187 of 2019
Chhattisgarh.
5. The Chief Medical And Health Officer Balodabazar, District
Baloda Bazar, Bhatapara, Chhattisgarh.
---- Respondents
WA No. 188 of 2019
Hussain Ali S/o Mustak Ali Aged About 22 Years Occupation
Grade IV, Goverment Primary Health Center Simga, Thana
Simga, District Baloda Bazar Bhatapara, Chhattisgarh R/o
Simga, Post Office Simga, District Baloda Bazar Bhatapara,
Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary Department,
Of Health Mahandi Bhawan, Capital Complex, Secretariat,
Naya Raipurl, District Raipur Chhattisgarh.
2. The Director Directorate Of Health Services, Block 1,
Indrawati Bhawan, 3rd Floor, Naya Raipur, District Raipur
Chhattisigarh.
3. Collector District Baloda Bazar Bhatapara, Chhatttsgarh.
4. The Chief Medical And Health Officer Baloda Bazar District
Balodabazar Bhatapara, Chhattisgarh.
5. Block Health Officer Public Health Center Simga, District
Baloa Bazar, Bhatapara, Chhattisgarh.
---- Respondents
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WA No. 187 of 2019
WA No. 189 of 2019
Chitrarekha Sonwani W/o Shri Champeshwar Sonwani Aged
About 34 Years Occupation Service (Peon) R/o Shaktipara
Ward No. 5, Baloda Bazar, Village Kushbantha, Post
Nagardas, And Tehsil Baloda Bazar, District Baloda Bazar
Bhatapara Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department
Of Health Mahanadi Bhawan, Capital Complex, Secretariat,
Naya Raipur, District Raipur Chhattisgarh.
2. Director, Directorate Of Health Services, Block I, Indrawati
Bhawan 3rd Floor, Naya Raipur, District Raipur Chhattisgarh.
3. Collector, District Baloda Bazar Bhatapara Chhattisgarh.
4. Chief Medical And Health Officer, Raipur, District Raipur
Chhattisgarh.
5. The Chief Medical And Health Officer, Baloda Bazar, District
Balodabazar Bhatapara, Chhattisgarh.
---- Respondents
WA No. 190 of 2019
Anil Verma S/o Lachi Kumar Verma Aged About 33 Years
R/o Village Konkadi, Post And Thana Risda, Tahsil And
District Balodabazar Bhatapara, Chhattisgarh.
---- Petitioner
Versus
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WA No. 187 of 2019
1. State Of Chhattisgarh Through The Serectary, Department
Of Health Mahanadi Bhawan, Capital Complex, Secretariat,
Naya Raipur, District Raipur Chhattisgarh.
2. The Director Directorate Of Health Services, Block 1,
Indrawati Bhawan, 3rd Floor, Naya Raipur, District Raipur
Chhattisgarh.
3. The Collector Collectorate, District Balodabazar Bhatapara,
Chhattisgarh.
4. The Chief Medical And Health Officer Raipur District Raipur,
Chhattisgarh.
5. The Chief Medical And Health Officer Balodabazar District
Balodabazar Bhatapara Chhattisgarh.
---- Respondents
WA No. 191 of 2019
Raja Gandharv S/o Sanat Kumar Gandharva Aged About 22
Years R/o Village Tarashiv, Tahsil Baloda Bazar, District
Baloda Bazar Bhatapara Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department
Of Health Mahanadi Bhawan, Capital Complex, Secretariat,
Naya Raipur, District Raipur Chhattisgarh, (Respondent No.
1).
2. The Director, Health Services, Chhattisgarh, Indrawati
Bhawan, Naya Raipur, District Raipur Chhattisgarh,
(Respondent No. 2).
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WA No. 187 of 2019
3. The Joint Director, Health Services, Chhattisgarh, Indrawati
Bhawan, Naya Raipur, District Raipur Chhattisgarh,
(Respondent No. 3).
4. The Collector, Collectorate, District Baloda Bazar Bhatapara
Chhattisgarh, (Respondent No.4).
5. The Joint Collector, Collectorate, District Baloda Bazar
Bhatapara Chhattisgarh, (Respondent No.5).
6. The Chief Medical And Health Officer Baloda Bazar, District
Baloda Bazar - Bhatapara Chhattisgarh, (Respondent No.
6).
7. Chief Executive Officer, Zila Panchayat, District Baloda
Bazar Bhatapara Chhattisgarh, (Respondent No. 7).
8. District Treasury Officer, District Baloda Bazar Bhatapara
Chhattisgarh, (Respondent No. 8).
---- Respondents
WA No. 192 of 2019
Meghnath Ghritlahare S/o Bhishamlal Ghritlahare Aged
About 27 Years R/o Village Dongarideeh, Post And Thana
Lawan, Tahsil And District- Baloda Bazar Bhatapara,
Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department
Of Health Services Mahanadi Bhawan, Naya Raipur, Post
Office And Police Station Naya Raipur District- Raipur,
Chhattisgarh.
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WA No. 187 of 2019
2. Director Directorate Of Health Services, Block-1 Indrawati
Bhawan 3rd Floor, Naya Raipur, Post Office And Police
Station Naya Raipur, District- Raipur, Chhattisgarh.
3. The Collector Collectorate District- Baloda Bazar Bhatapara,
Chhattisgarh.
4. Chief Medical And Health Officer Raipur, District- Raipur,
Thana Raipur, Chhattisgarh.
5. Chief Medical And Health Officer Baloda Bazar District And
Thana Baloda Bazar-Bhatapara, Chhattisgarh.
---- Respondents
WA No. 194 of 2019
Mukesh Patel S/o D. R. Patel Aged About 24 Years R/o
Village Kukurdeeh, Post And Thana Palari, Tahsil And
District- Baloda Bazar Bhatapara, Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through The Secretary, Department
Of Health Mahanadi Bhawan, Capital Complex, Secretariat,
Naya Raipur, District- Raipur, Chhattisgarh.
2. The Director Directorate Of Health Services, Block-1,
Indrawati Bhawan, 3rd Floor, Naya Raipur, District- Raipur,
Chhattisgarh.
3. The Collector Collectorate, District Baloda Bazar-Bhatapara,
Chhattisgarh.
4. The Chief Medical And Health Officer Raipur, District-
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WA No. 187 of 2019
Raipur, Chhattisgarh.
5. The Chief Medical And Health Officer Baloda Bazar, District-
Baloda Bazar, Bhatapara, Chhattisgarh.
---- Respondents
For Petitioners/Appellants :- Shri Abhuday Singh, Advocate,
Shri K. Rohan, Advocate &
Ms. Aditi Singhvi, Advocate
For Respondents-State :- Shri Satish Chandra Verma, AAG,
Shri Rajnish Singh Baghel, Dy. AG.
Shri Siddharth Dubey, Dy. G.A.,
Shri Vikram Sharma, PL &
Shri Faiz Kazi, PL
Hon'ble Shri Prashant Kumar Mishra, Ag. CJ
Hon'ble Shri Parth Prateem Sahu, J.
Judgment on Board By Prashant Kumar Mishra, Ag. CJ 29/03/2019
1. Some writ appeals in this batch are posted in default however considering the fact that all the writ appeals would involve similar issue the default is ignored so that the entire batch of appeals is decided by this common order.
2. Learned counsel for the parties would jointly submit that the present batch of writ appeals would involve similar issue as has been decided by this Court in the matter of Krishna Kumar Daharia vs. State of Chhattisgarh and others in 14 WA No. 187 of 2019 WA No.448/2017, decided on 24.09.2018 copy of which have been filed by the petitioner as Annexure A-8.
3. In view of the joint statement made by the parties the batch of appeals are allowed in terms of order passed by this Court in the matter of Krishna Kumar Daharia (supra).
4. In the matter of Krishna Kumar Daharia (supra), the following operative part of the order was passed:-
"15. In the facts and circumstances, we therefore, hold the order of termination dated 16.06.2016 passed by the CMHO, Baloda Bazar as well as the order dated 27.09.2017 passed by the learned Single Judge upholding such decision of termination to be irrational and arbitrary and therefore, they deserve to be set aside and are set aside. It goes without saying that all these Appellants will be reinstated in their services forthwith.
16. The respondents, however, are given liberty that they will issue individual notices and hold enquiry in relation to the appointments on the post so made of all these terminated employees and this exercise cannot be a collective exercise because the authorities will have to identify as to which appointment was irregular and which appointment was illegal in the enquiry. In the departmental proceeding to be held and on the findings thereon, the law will take its course. The said enquiry will be concluded preferably within a period of six months.15 WA No. 187 of 2019
17. Before disposing these appeals, the Court also directs all the appellants that on the notice so given to them by the Appointing Authority who is said to be CMHO, Baloda Bazar, they will co-operate in the enquiry and will not unnecessarily delay the same on one pretext or the other."
5. The present batch of appeals are, therefore, allowed in the above stated terms.
Sd/- Sd/-
(Prashant Kumar Mishra) (Parth Prateem Sahu)
Acting Chief Justice Judge
Ankit