Dr. Lal Singh Lodhi Vs State of Chhattisgarh

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2026:CGHC:421

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NAFR

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HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 14132 of 2025

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1 - Dr. Lal Singh Lodhi S/o Shri Vijay Singh Lodhi Aged About 54 Years OccupationHomeopathic Medical Officer (Contract) Government Homeopathic Dispensary Wadrafnagar District- Balrampur (C.G.)

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... Petitioner

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Versus

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1 - State Of Chhattisgarh Through Principal Secretary Department Of Health And Family Welfare Mantralaya Mahanadi Bhawan Atal Nagar Raipur District- Raipur (C.G.)

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2 - Director Ayush, Chhattisgarh Government, Directorate, Ayush Chhattisgarh D.K.S. Campus, Raipur, District- Raipur (C.G.)

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3 - District Ayush Officer Sarguja, District- Sarguja (C.G.)

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... Respondents

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For Petitioner : Ms. Atul Pandey, Advocate For Respondents/State : Ms. Akansha Verma Dabhadker, Panel Lawyer

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SB: Hon'ble Shri Parth Prateem Sahu, Judge

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ORDER ON BOARD

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05/01/2026

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Case is listed in default.

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Considering the submission of cousnel for the petitioner, default pointed out by the Registry is overruled.

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With the consent of learned counsel for the parties, case is heard finally at

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admission stage.

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The petitioner has filed this writ petition seeking following reliefs:-

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“10.1 That, the Hon’ble Court may kindly be pleased to direct the Respondent No. 2 to consider and decide the pending application dated 04.04.2025 of the petitioner for his regularization (Annexure P/1).

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10.2 That, this Hon’ble Court may kindly be pleased to direct the Respondents No. 1 & 2 to regularize the services of the petitioner on the post of Ayurvedic Medical Officer.

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10.3 That, any other relief which this Hon’ble Court deems fit in the present facts and circumstances of the case may kindly be granted.”

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Learned counsel for the petitioner submits that the petitioner pursuant to the advertisement issued by Janpad Panchayat for appointment of Ayurvedic Medical Officer (Contract) on the available vacant posts, have submitted an application and he was appointed on the post of Ayurvedic Medical Officer vide order dated 18.02.2003 for a period of 03 years under the Chhattisgarh Civil Services (Contract) Appointment Rules, 2002. Petitioner’s period of contract was extended from time to time and the petitioner is still continuing in his service on the said post. He contended that the petitioner since the date of first appointment is continuously working and as of now has completed 23 years of service and became eligible for regularization on the said post.

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He contended that the State Government had issued a circular for regularization of service of the employees appointed on contractual basis vide circular dated 28.05.2010 in which also, there was a direction to all the departments of the State Government to consider the claim of the employees appointed in contract following due procedure of law. The petitioner submitted a representation/application on 09.04.2025 before the concerned authorities which till date, is pending consideration and

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therefore, the respondents be directed to consider the application for regularizing the service of the petitioner.

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On the other hand, learned counsel for the Respondents/State raises an objection with regard to the maintainability of the writ petition on the ground that the employer has not been arrayed as a party nor the department i.e. Janpad Panchayat is arrayed as party respondent in the writ petition. He contended that according to the pleadings made in the writ petition, petitioner was appointed by the Janpad Panchayat and the Chief Executive Officer, Janpad Panchayat Wadrafnagar, District – Sarguja is not a party respondent. However, upon putting query with regard to the circular issued by the State Government dated 28.05.2010, he submits that as of now, he is not in a position to dispute the position of the said circular.

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I have heard learned counsel for the parties and perused the documents placed on record.

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Be that as it may, according to the pleadings made in the writ petition, petitioner was appointed as Ayurvedic Medical Officer (Contract) in the year 2003 vide order dated 18.02.2003 by Janpad Panchayat and since then, he is continuously working due to extension of the contract period from time to time. Petitioner has filed the circular dated 28.05.2010 (Annexure P/12) wherein, the General Administration Department, State of Chhattisgarh had issued a circular directing to all the Collectors, the President of Revenue Board, all Divisional Commissioners, all the Head of Departments and to all the Chief Executive Officers to consider the claim of all the employees working under contract for their regularization following due procedure of law.

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10.Petitioner has already submitted a representation dated 09.04.2025 (Annexure P/1) before the authorities, which till date is pending

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consideration. Perusal of the said representation would show that the representation is submitted before the Respondents No. 1 & 2, however, the representation is not submitted before the Chief Executive Officer, Janpad Panchayat under whom, the petitioner is working and the Secretary, Department of Panchayat and Rural Development, State of Chhattisgarh. In the aforementioned facts of the case, instead of keeping this writ petition pending, I find it appropriate to dispose of this writ petition, permitting the petitioner to submit afresh representation before the competent authority for considering the claim of regularization, based on the circular dated 28.05.2010 (Annexure P/12) and in the event petitioner submits representation, the concerned authority/authorities shall consider and take decision on the representation to be submitted by the petitioner keeping in mind the circular dated 28.05.2010 (Annexure P/12) in accordance with law expeditiously, preferably within a further period of 04 months from the date of receipt of the representation.

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With the aforesaid observation and direction, this writ petition stands disposed of .

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Sd/(Parth Prateem Sahu) Judge

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Digitally
signed by
SHUBHAM
SHUBHAM DEY
DEY Date:
2026.01.08
12:51:20
+0530
Dey

Dr. Lal Singh Lodhi v. State of Chhattisgarh

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Dr. Lal Singh Lodhi v. State of Chhattisgarh

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