Mercy Thomos Vs State of Chhattisgarh

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2025:CGHC:61146

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 561 of 2020

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Digitally signed by AJAY KUMAR DWIVEDI DN: cn=AJAY KUMAR DWIVEDI, ou=HIGH COURT, o=HIGH COURT OF CHHATTISGARH, st=Chhattisgarh, c=IN Date: 2025.12.16 16:57:31 +0530

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Mercy Thomos W/o Shri K.J. Thomos Aged About 56 Years Medical Lab Technologist, Civil Hospital, Mana, Dharsiwa, District Raipur, R/o Sharda Vihar, Airport Road, Mana Camp, Raipur, Police Station Mana, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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... Petitioner(s)

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versus

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1 - State Of Chhattisgarh Through The Principal Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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2 - The Director Directorate Of Health Services, Department Of Health And Family Welfare, Mantralaya, 3rd Floor, Indravati Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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3 - The Cmho Office Of The Chief Medical Health Officer, Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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4 - The Block Medical Officer Community Health Center, Dharsiwa, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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5 - The Medical Officer Incharge Civil Hospital, Mana Nagar, Raipur, District Raipur, Chhattisgarh., District : Raipur, Chhattisgarh

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		... Respondent(s)
	(Cause title downloaded from CIS Periphery)
For Petitioner	: Mr. Vivek Kumar Agrawal, Advocate.
For Res/State	: Mr. Ritesh Giri, Panel Lawyer.

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SB : Hon'ble Shri Justice Deepak Kumar Tiwari

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Order on Board

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16.12.2025

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This writ petition under Article 226 of the Constitution of India has been filed for the following reliefs:-

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"i That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to consider the past services rendered by the petitioner as daily wages employee shall be counter from initial date of appointment i.e. 02.09.1985 for the pensionary benefits and other consequential benefits and computer and release the same within specific time period.

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ii Cost of the petition may also be granted to the petitioner.

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iii. Any other relief, which this Hon'ble Court deems fit and proper, may also kindly be granted to the petitioner, in the interest of justice."

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At the outset, learned counsel at the bar submit that the identical issue is pending before the Hon'ble Supreme Court in SLP (Civil) Nos.8677-8678/2023. He also submits that the co-ordinate Bench of this Court while disposing of the bunch of writ petitions i.e. WPS No.10696/2019¹ and connected matters on 14.10.2024, which are identical to the present case categorically made observation at Para 6. Para 6 of the said order is reproduced hereunder for ready reference:-

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1 Bhagbali Kashyap Vs. State of CG and Ors and connected matters decided on 14.10.2024 {2024:CGHC:40132}

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"6. Accordingly, the bunch of these writ petitions (s) deserve to be disposed of with a direction that the judgment passed by the Hon’ble Supreme Court in SLP (C) No. 8677-8678/2023 will be applicable mutatis mutandis in the facts and circumstances of the case of the petitioners and their entitlement to get additional pension will be governed by the decision of Hon’ble Supreme Court in SLP ( C) No. 8677-8678/2023. It is also directed that if SLP (C) No. 867-8678 of 2023 is decided in favour of the petitioners, the respondents shall extend the beneit to the petitioners without any further delay. It is also directed that if the grievance of the petitioners still exists, the petitioners shall be at liberty to ile a fresh petition raising their grievances."

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In view of such submission, learned counsel for the petitioner prays to disposed of this petition in terms of the aforesaid order.

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Learned State counsel would not oppose the aforesaid submission.

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Having regard to the aforesaid submissions and considering that identical issue is pending before the Hon'ble Supreme Court and also considering the order passed by the co-ordinate Bench of this Court in the aforesaid case, this Court deems it appropriate to dispose of this writ petition in terms of order dated 14.10.2024 passed in WPS No.10696/2019. If aforesaid SLP No.86778678/2023 pending before the Hon'ble Supreme is decided in favour of the petitioner, the respondents shall extend benefit of the same to the petitioner without any further delay. Further, if

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grievance of the petitioner still exist, he shall be at liberty to raise

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his grievance in accordance with law.

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