Dr. Sushil Suryawanshi Vs State of Chhattisgarh

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CGHC010207742022

2026:CGHC:28512

NAFR

Digitally signed by RAMESH KUMAR VATTI Date: 2026.07.10 HIGH COURT OF CHHATTISGARH AT BILASPUR 11:02:26 +0530

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WPS No. 4465 of 2022

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1 - Dr. Sushil Suryawanshi S/o Mr. B R Suryawanshi Aged About 39 Years Presently Posted At Community Health Centre Pamgarh, District Janjgir - Champa, (C.G.), R/o Bajrang Chouk, Talapara, District Bilaspur, Chhattisgarh

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2 - Dr. Sharad Karnewar S/o Vikram Kumar Karnewar Aged About 37 Years Presently Posted At Community Health Centre Takhatpur, District Bilaspur, R/o Mear Dandeshwar Shiv Mandir, Jabrapara, Sarkanda, Bilaspur, District Bilaspur, Chhattisgarh

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3 - Dr. Pragya Lodhi W/o Devendra Bilone Aged About 34 Years Presently Posted At Community Health Centre, Gobra - Nawapara, Abhanpur, District Raipur, (C.G.) , R/o Devendra Bilone, 2 F Type/3 Staff Quarter, Mata Kaushalya Ward No. 18, Jagruti Square, District - Raipur,, Chhattisgarh

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4 - Dr. Ashok Dewangan S/o Mr. Lakhan Lal Aged About 39 Years Presently Posted At Community Health Centre, Tamnar, District Raigarh (C.G.), R/o Ward 13, Tehsil Simga, District - Balodabazar ,, Chhattisgarh

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5 - Dr. Kamal Kishor Netam S/o Mannu Lal Netam Aged About 36 Years Presently Posted At Community Health Centre, Orchha, District Narayanpur (C.G.), R/o Village And Post Office Benur, District Narayanpur, Chhattisgarh

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6 - Dr. Chetan Anand Nag S/o Shri Deocharan Nag Aged About 39 Years Presently Posted At District Hospital Gariyaband, District Gariyaband , (C.G.), R/o Village And Post - Podagaon, Tehsil - Nagri, District - Dhamtari, Chhattisgarh

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7 - Dr. Donakshi Ratre S/o Mr. Y. B. Ratre Aged About 36 Years Presently Posted At Community Health Centre, Pharsagaon, District Kondagaon, R/o Behind Tahsil Office, Near BO Office Pharasgaon, District Kondagaon, Chhattisgarh

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8 - Dr. Pallavi Sahu W/o Rahul Kumar Sahu Aged About 36 Years Currently Posted At District Early Intervention Centre Raipur, R/o Laxmi Nagar, Raipur, District Raipur, Chhattisgarh

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9 - Dr. Pradeep Paikra S/o Late Bakul Sai Paikra Aged About 37 Years Currently Posted At Community Health Centre , Pratappur, District Sarguja, (C.G.), R/o Rajauli, Tehsil Sonhat, District Koriya (C.G.) Pin-497339, Chhattisgarh

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10 - Dr. Prakash Ratde S/o B.L. Ratde Aged About 37 Years Presently Posted At Community Health Centre, Nawagarh, District Bemetara, (C.G), R/o Baulipara, Nawagarh, District Bemetara, Chhattisgarh

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11 - Dr. Varun Dixena S/o Om Prakash Dixena Aged About 35 Years Presently Posted At CHC Dipka, District Korba, (C.G). R/o Sutarra, Tehsil Katghora, District Korba, Chhattisgarh

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12 - Dr. Rudra Pratap Singh S/o Late Nageshwar Pratap Singh Aged About 39 Years Presently Posted At Community Health Centre, Raigarh , District Raigarh (C.G.), R/o Gadhelpara , Baikunthpur, District Korea, Chhattisgarh

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13 - Dr. Shalini Agrawal D/o Muralidhar Agrawal Aged About 34 Years Presently Posted At Community Health Centre, Masturi , District Bilaspur (C.G.), R/o A - 108, Bhatiya Residency, Mangla Bilaspur District Bilaspur, Chhattisgarh

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14 - Dr. Neha Verma W/o Dr. Laxmikant Kashyap Aged About 34 Years Currently Posted At Community Health Centre, Bilha, District Bilaspur , R/o Village Nehru Nagar, Bilaspur, Chhattisgarh

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15 - Dr. Vasundhara Kashyap D/o Byas Kashyap Aged About 39 Years Presently Posted At Kharod, District Hospital Janjgir - Champa , R/o Village Purani Basti, Naila, District Janjgir Champa Chhattisgarh

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16 - Dr. Neha Pandey Mishra D/o Ashok Pandey Aged About 34 Years Presently Posted At Community Health Centre, Bori, District Durg, R/o Shree Ram Vihar, Besise HP Gas Godown, Borsi, District Durg Chhattisgarh

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17 - Dr. Kirti Chouhan D/o Dhrupat Chouhan Aged About 34 Years Presently Posted At Community Health Centre, Manendragarh , District Baikunthpur - Koriya R/o P.O-B. Seam Colliery, Nagar Panchayat Khongapani, Ward No.15, District Baikunthpur-Koriya Chhattisgarh

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18 - Dr. Prasanna Soni F/N Shankar Lal Soni, H/N Arivind Tiwari, Aged About 37 Years Presently Posted At CHC Khandsara, District Bemetara (C.G.), R/o Plot B/262 Street 5 , In Front Of Hiteck Hospital, Smritinagar, Bhilai, District Durg

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19 - Dr. Disha Tiwari Dubey D/o Shri Dinesh Tiwari, W/o Nikhil Dubey, Aged About 35 Years Presently Posted At Community Health Centre Dongi, R/o Ward No.1, Dallirajhara, District Balod, Chhattisgarh

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20 - Dr. Deepa Tiwari W/o Dr. Aakash Shrma Aged About 39 Years Posting At Community Health Centre Khairagarh, District Rajnandgaon, (C.G), R/o Civil Hospital Khairagarh, District Rajnandgaon Chhattisgarh

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21 - Dr. Jyoti Khuttel D/o Shree N. R. Khuttel Aged About 35 Years Presently Posted At District Hospital Dantewada, R/o House No.2, Hospital Colony, Dantewada , District Dantewada Chhattisgarh

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22 - Dr. Priya Ekka D/o Mr. P. Ekka Aged About 36 Years Presently Posted At Community Health Centre Sakti, District Janjgir-Champa (C.G.), R/o Qr. 2D, Street - 13 , Sector -8 , Bhilai, District Durg Chhattisgarh

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23 - Dr. Arkaja Rahi W/o Dr. Naremdra Patel Aged About 36 Years Presently Posted At Community Health Centre, Katghora, District Korba (C.G.), R/o Om Nagar, Jarhabhata Bilaspur Chhattisgarh

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24 - Dr. Yogesh Kumar Paikara S/o Hira Ram Paikara Aged About 38 Years Presently Posted At Community Health Centre, Kont, District Sukma, (C.G.), R/o Village Temri, Kasdol, District - Balodabazaar - Bhatapara, Chhattisgarh

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25 - Dr. Pragyashree P. Subhedar W/o R Kariyare Aged About 40 Years Presently Posted At Community Health Centre, Bamnindih District Janjgir Champa, R/o Maruti Vihar, Behind Lion's School, Champa, District Janjgir Champa Chhattisgrah

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26 - Dr. Nidhi Srivastava D/o Mr. P.C. Srivastava Aged About 36 Years Presently Posted At Community Health Centre Akaltara, District Janjgir - Champa, R/o C/o Mr. P.C. Srivastava Near Girls School Hostel, Deori Khurd, Bilaspur Chhattisgarh

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27 - Dr. Sandeep Tigga S/o Shri Joseph Tigga Aged About 39 Years Currently Posted As CHC Mainpat, District-Sarguja, R/o Near Roman Catholic Church, Sitapur, District - Sarguja Chhattisgarh

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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, Nava Raipur, District - Raipur Chhattisgarh

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2 - The Director, Directorate Of Health Services, Department Of Health And Family Welfare, Indravati Bhawan, Atal Nagar, Nava Raipur, District - Raipur, Chhattisgarh

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	... Respondents
For Petitioners	: Mr. Ishan Saluja, Advocate holding the brief of Mr. Sandeep Singh, Advocate
For Respondents/State	: Mr. Anmol Sharma, Panel Lawyer

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Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board

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09/07/2026

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The petitioners have filed this petition seeking the following relief(s):-

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“ 10.1 This Hon’ble Court may kindly be pleased to order the respondents to absorb and regularize the services of the petitioners who are currently working in the contractual capacity as Dental Surgeons.

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10.2 That, this Hon’ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.”

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Learned counsel appearing for the petitioner would argue that the petitioners are currently working on the post of Dentists/Dental Surgeons on contract basis against sanctioned posts. He would contend that the petitioners were appointed vide common order dated 19.08.2013 and they have completed more than 20 years of services, but their claim with regard to regularization has not been considered. He would refer various judgments passed by the Hon’ble Supreme Court and submits that the respondent authorities may be directed to consider the claim of the petitioners with regard to regularization. It is also contended that the claim of some of the contractual employees has already been considered for regularization by the department. He would submit that the petitioners may be permitted to make representation(s) and in turn, the respondent authorities may be directed to decide it within stipulated time frame.

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On the other hand, learned Panel Lawyer appearing for the State/respondents would oppose. He would submit that the petitioners were not appointed against sanctioned and vacant post and as a matter of right, they cannot claim regularization. It is also argued that the services of other contractual employees were absorbed by the Central Government and therefore the claim of the parity is not available. He would submit that the petition is misconceived and deserves to be dismissed.

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

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It is not in dispute that the petitioners were appointed on the post of Dentists/Dental Surgeons on contract basis vide common order dated 19.03.2013 and they have completed more than 20 years of service. It

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is also not in dispute that the claim of the petitioners with regard to regularization has not been considered yet by the respondents.

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The Hon’ble Supreme Court in the matter of Raman Kumar and others Vs. Union of India and others reported in 2023 LiveLaw (SC) 520 has held that when the services of some of the employees have been regularized by the department, in such a situation, nonregularizing services of others is discriminatory and violative of Article 14 of the Constitution of India. Relevant paras 8 & 13 are reproduced herein below:-

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“8. Indisputably, the appellants herein have completed service of more than ten years. Even this Court in the case of Ravi Verma and Others v. Union of India and Others (Civil Appeal No(s).27952796 of 2018) decided on 13.03.2018 found that the act of regularizing the services of some employees and not regularizing the services of the others is discriminatory and violative of Article 14 of the Constitution of India.

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The services of the appellants are directed to be regularized from the date on which the services of other 35 employees were regularized and the backwages and other consequential benefits etc., to which the appellants would be entitled to, shall be paid to them within a period of six months from today.”

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In the matter of Ravi Verma and others Vs. Union of India and others passed in SLP (C) Nos.33258-33259 of 2015 decided on 13.03.2018 , the Hon’ble Supreme Court while dealing with the matter of regularization/absorption in para 12 while discussing the judgment passed by the Hon’ble Supreme Court in the matter of State of Karnataka Vs. Uma Devi reported in 2006 (4) SCC 1 held as under:-

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“ 12. Having heard learned counsel for the parties at length, we are of the considered opinion that

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appointments were only irregular one, this Court observed in para 53 Uma Devi (supra) thus :

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“53. One aspect needs to be clarified. There may be cases where irregular appointments (not illegal appointments) as explained in S.V. NARAYANAPPA (supra), R.N. NANJUNDAPPA (supra), and B.N. NAGARAJAN (supra), and referred to in paragraph 15 above, of duly qualified persons in duly sanctioned vacant posts might have been made and the employees have continued to work for ten years or more but without the intervention of orders of courts or of tribunals. The question of regularization of the services of such employees may have to be considered on merits in the light of the principles settled by this Court in the cases above referred to and in the light of this judgment. In that context, the Union of India, the State Governments and their instrumentalities should take steps to regularize as a one time measure, the services of such irregularly appointed, who have worked for ten years or more in duly sanctioned posts but not under cover of orders of courts or of tribunals and should further ensure that regular recruitments are undertaken to fill those vacant sanctioned posts that require to be filled up, in cases where temporary employees or daily wagers are being now employed. The process must be set in motion within six months from this date. We also clarify that regularization, if any already made, but not subjudice, need not be reopened based on this judgment, but there should be no further by-passing of the constitutional requirement and regularizing or making permanent, those not duly appointed as per the constitutional scheme.”

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Having considered the facts of the present case and law laid down by the Hon’ble Supreme Court in the above stated cases, this petition, at this juncture, is disposed of reserving liberty in favour of the petitioners to make detailed representation(s) before the respondent authorities and in turn, those authorities are directed to consider the representation(s) so made by the petitioners strictly in accordance with

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law keeping in mind the law laid down by the Hon’ble Supreme Court in above referred matters and shall take decision preferably within a period of 150 days from the date of receipt of copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the case.

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With the aforesaid direction(s) / observation(s), this writ petition is disposed of .

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Sd/- (Rakesh Mohan Pandey) Judge

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vatti

Dr. Sushil Suryawanshi v. State of Chhattisgarh

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Dr. Sushil Suryawanshi v. State of Chhattisgarh

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