Dr. Santosh Patel vs State Of Chhattisgarh on 20 August, 2025

Chattisgarh High Court

Dr. Santosh Patel vs State Of Chhattisgarh on 20 August, 2025

                                         1




 Digitally signed
 by RAMESH
 KUMAR VATTI                                              2025:CGHC:42255
 Date: 2025.08.27
 16:42:21 +0530                                                           NAFR

               HIGH COURT OF CHHATTISGARH AT BILASPUR

                              WPS No. 937 of 2021
* - Dr. Santosh Patel S/o Parmanand Patel, Aged About 43 Years Medical
Officer At Community Health Center Malkharoda Tehsil Malkharoda, District :
Janjgir-Champa, Chhattisgarh
                                                            ... Petitioner
                                       Versus
1 - State Of Chhattisgarh, Through Secretary, Department Of Health And
Family Welfare, Mahanadi Bhawan, Mantralaya, New Raipur, District : Raipur,
Chhattisgarh
2 - Chief Medical And Health Officer Janjgir Champa, District : Janjgir-
Champa, Chhattisgarh
3 - Chief Medical And Health Officer Gariyaband, District : Gariyabandh,
Chhattisgarh
4 - Block Medical Officer Malkharoda, District : Janjgir-Champa, Chhattisgarh
                                                                  ... Respondents

For Petitioner : Ms. Laxmin Tondey, Advocate
holding the brief of Mr. K.K. Patel,
Advocate

For Respondents/State : Mr. Rajkumar Gupta,
Additional Advocate General

Hon’ble Shri Justice Rakesh Mohan Pandey
Order on Board
20/08/2025

1. The petitioner has filed this petition seeking the following relief(s):-

10.1 That, this Hon’ble Court may kindly pleased to direct the
respondent for payment of salary with interest within time frame.

10.2 Any other relief, which this Hon’ble Court may deem fit and
proper, may also be passed in favour of the petitioner.

2

2. Ms. Laxmin Tondey, learned counsel appearing the petitioner would

submit that the petitioner who was holding post of Medical Officer at

Community Health Center, Malkharoda, District Janjgir-Champa (C.G.)

was transferred from Malkharoda to District Hospital, Gariyaband vide

order dated 23.09.2020, but he continued to work at Malkharoda till

13.01.2021 and the salary of that period has not been paid. Ms.

Laxmin Tondey would further submit that against the said transfer order

dated 23.09.2020, interim order was granted in WPS No. 3975 of 2020

dated 14.10.2020 for a period of 03 weeks. She would submit that the

petitioner has made a representation before the concerned Collector,

but till date it has not been decided. She would submit that a direction

may be issued to the concerned Collector to decide the claim of the

petitioner expeditiously.

3. On the other hand, Mr. Rajkumar Gupta, learned Additional Advocate

General appearing for the State/respondents would oppose. He would

submit that the petitioner was transferred from Community Health

Center, Malkharoda to District Hospital, Gariyaband vide order dated

23.09.2020 and after 03 weeks, he was relieved from Malkharoda, but

he failed to join his services at transferred place, whereas his service

documents were transferred to his department. He would further

submit that on 01.10.2021 reply was filed and till that date the

petitioner had not joined his services at transferred place. He would

contend that the petition filed by the petitioner is misconceived.

4. Heard learned counsel for the parties and perused the documents.

5. Considering the limited prayer made Ms. Laxmin Tondey, the petitioner

is permitted to make a representation before the concerned Collector
3

and in turn, the authority concerned is directed to decide the

representation so made by the petitioner expeditiously.

6. It is made clear that this Court has not expressed any opinion on the

merits of the case.

7. With the aforesaid direction(s), the petition is disposed of.

Sd/-

(Rakesh Mohan Pandey)
Judge

vatti