Nafr High Court
Case Details
1 / 11 SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.05.13 16:10:20 +0530 2025:CGHC:21586 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3369 of 2025 1 - Smt. Malti Yadav W/o Manesh Ram Aged About 45 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Bemtatoli, Tah-Kunkuri, District- Jashpur (C.G.) 2 - Smt. Surwawati Bai W/o Shri Savitro Ram Aged About 42 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Bagbahar, Tah-Pathalgaon, District- Jashpur (C.G.) 3 - Smt. Aoraliya Kujur W/o Shri Anil Kujur Aged About 47 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir, Charaimara, Tah- Kunkuri, District- Jashpur (C.G.) 4 - Smt. Anjali Ekka W/o Shri Suresh Ekka Aged About 42 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir, Jamchuan, Tah- Kunkuri, District- Jashpur (C.G.)
Legal Reasoning
counsel has relied on the judgment passed by this Court in the matter of Manoj Kumar Nirmalkar v. State of Chhattisgarh1 5. Per Contra, learned counsel for the respondents/State would oppose the contention of the counsel for the petitioners. 1 WPS No. 4293 of 2012 (decided on 10/02/2023 11 / 11 6. I have heard learned counsel for the parties and perused the material available on record. 7. The Hon'ble Apex Court in the matter of Narendra Kumar Tiwari and Others v. The State of Jharkhand and Others2 held in para 11 as under: "11. Under the circumstances, we are of the view that the Regularization Rules must be given a pragmatic interpretation and the appellants, if they have completed 10 years of service on the date of promulgation of the Regularization Rules, ought to be given the benefit of the service rendered by them. If they have completed 10 years of service they should be regularized unless there is some valid objection to their regularization like misconduct etc." 8. Having regard to the facts and circumstances of the case and the principles of law laid down by the Hon'ble Supreme Court, all these petitions are allowed. The respondent authorities are directed to inspect the records of other similarly situated employees when their services were regularized. If the case of the petitioners are also found to be similar to those employees whose services were regularized, their services be also regularized from the same date. $. Bhilwar Sd/- (BIBHU DATTA GURU) JUDGE 2 Civil Appeal Nos. 7423-7429 of 2018 (decided on 01/08/2018)
Arguments
5 - Smt. Bhagwati Singh W/o Shri Rohinath Singh Aged About 51 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Kharwatoli, Tah- Kunkuri, District- Jashpur (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralya Mahanadi Bhawan, Naya Raipur (C.G.) 2 / 11 2 - The Joint Director Health Services Department, Division Ambikapur, District- Sarguja (C.G.) 3 - The Chief Medical Officer Jashpur District- Jashpur (C.G.) --- Respondent(s) with WPS No. 3384 of 2025 1 - Smt. Leelawati Devi W/o Kanhaiya Lal Singh Aged About 49 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Dhodidand, Tah- Kunkuri, District- Jashpur (C.G.) 2 - Smt. Santoshi Bai W/o Shri Arjuun Aged About 40 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Raikera, Tah- Kunkuri, District- Jashpur (C.G.) 3 - Smt. Malti Yadav W/o Shri Sanjay Yadav Aged About 46 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Narayanpur, Tah- Kunkuri, District- Jashpur (C.G.) 4 - Smt. Sunami Lakra D/o Shri Rafel Lakra Aged About 44 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Jorandajhariya, Tah- Farsabahar, District- Jashpur (C.G.) 5 - Smt. Khelawati W/o Shri Manglu Ram Chakresh Aged About 43 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Ankira, Tah- Farsabahar, District- Jashpur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralya Mahanadi Bhawan, Naya Raipur (C.G.) 2 - The Joint Director Health Services Department, Division Ambikapur, District- Sarguja (C.G.) 3 / 11 3 - The Chief Medical Officer Jashpur District- Jashpur (C.G.) --- Respondent(s) with WPS No. 3402 of 2025 1 - Smt. Fatima Ekka W/o Deepak Ekka Aged About 47 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandi Uparkachhar, Tah - Farsabahar, District - Jashpur Chhattisgarh 2 - Smt. Savitri Bai W/o Shri Lalsai Ram Aged About 49 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Keradih, Tah - Kunkuri, District - Jashpur Chhattisgarh 3 - Jaya Teresa Panna D/o Shri Alekhiyus Panna Aged About 33 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Gaybuda, Tah-Bagicha, District Jashpur Chhattisgarh 4 - Smt. Vandana Tirkey W/o Shri Kuldeep Lakra Aged About 33 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Harri, Tah - Manora, District Jashpur Chhattisgarh 5 - Bikaslata Minj D/o Shri Alexcius Minj Aged About 36 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Ghaghra, Tahsil - Manora, District - Jashpur Chhattisgarh 6 - Anjna Sarita Ekka D/o Shri Thomas Ekka Aged About 40 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Lathbora, Tahsil - Kunkuri, District - Jashpur Chhattisgarh 7 - Deepika Tirkey W/o Shri Niranjan Kujur Aged About 43 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Asta, Tahsil - Manora, District - Jashpur Chhattisgarh ---Petitioner(s) Versus 4 / 11 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya Mahanadi Bhawan, Naya Raipur Chhattisgarh 2 - The Joint Director Health Services Department, Division Ambikapur, District Sarguja Chhattisgarh 3 - The Chief Medical Officer Jashpur, District - Jashpur Chhattisgarh --- Respondent(s) with WPS No. 3407 of 2025 1 - Smt. Kusum Kanti Toppo W/o Vijay Toppo Aged About 47 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Gadakata, Tah.- Kunkuri, District- Jashpur (C.G.) 2 - Smt. Amrika Bai W/o Shri Rajeshwar Sai Aged About 58 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Rapadand (Kersai), Tah- Farsabahar, District- Jashpur (C.G.)(Wrongly Shown Ambika Bai As Appointment Order) 3 - Smt. Chitrakanti Singh W/o Shri Parasnath Singh Aged About 45 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir, Bardand, Tah- Kunkuri, District- Jashpur (C.G.) 4 - Smt. Lily Grace Beck W/o Shri Pradeep Beck Aged About 46 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Ghatmunda, Tah- Kunkuri, District- Jashpur (C.G.) 5 - Smt. Vedmati Banjara W/o Late Shri Gourishankar Banjara Aged About 43 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Jamargee (B), Tah- Pathalgaon, District- Jashpur (C.G.) 6 - Smt. Sukwaro Bai W/o Shri Shobhnath Ram Aged About 40 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Ginabahar, Tah.- Kunkuri, District- Jashpur (C.G.) 5 / 11 7 - Smt. Satna Painkra W/o Shri Jeevan Sai Aged About 52 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Sikirma, Tah- Farsabahar, District- Jashpur (C.G.) 8 - Smt. Rosemary Bara W/o Shri Jagatpal Besra Aged About 57 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Chapatoli Tah- Duldula, District- Jashpur (C.G.) 9 - Smt. Kanta Chouhan W/o Shri Shashi Chouhan Aged About 52 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Community Health Center Pathalgaon, Tah- Pathalgaon, District- Jashpur (C.G.) 10 - Smt. Philomina Kerketta W/o Late Shri Kapil Kumar Toppo Aged About 52 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Singibahar, Tah- Farsabahar, District- Jashpur (C.G.) 11 - Smt. Sumati Bai W/o Shri Sukheshwar Ram Aged About 42 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Ayushman Arogya Mandir Bandhatoli (Sajbahar), Tah- Farsabahar, District- Jashpur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Health And Family Welfare, Mantralaya Mahanadi Bhawan, Naya Raipur (C.G.) 2 - The Joint Director Health Services Department, Division Ambikapur, District- Sarguja (C.G.) 3 - The Chief Medical Officer Jashpur, District- Jashpur (C.G.) --- Respondent(s) with WPS No. 3427 of 2025 6 / 11 1 - Smt. Rajni Gandha Chouhan D/o Late Shri Sudhan Ram Aged About 45 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub- Health Center Pongro, Tah- Kansabel, District- Jashpur (C.G.) 2 - Indira Tirkey D/o Shri Lucas Tirkey Aged About 55 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Basentala, Tah- Kunkuri, District- Jashpur (C.G.) 3 - Kamla Bai D/o Shri Rupsay Ram Aged About 51 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Saripani, Tah- Bagicha, District- Jashpur (C.G.) 4 - Paulina Toppo W/o Shri Vinod Minj Aged About 45 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Gudlu, Tah- Bagicha, District- Jashpur (C.G.) 5 - Smt. Alvina Bai D/o Shri Masat Ram Painkra Aged About 37 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Mahani, Tah- Bagicha, District- Jashpur (C.G.) 6 - Bhilmani Chouhan W/o Shri Krishna Lal Aged About 34 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Nakbar, Tah- Kansabel, District- Jashpur (C.G.) 7 - Vandana Minj D/o Shri Telesphore Minj Aged About 34 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Ghoghar, Tah- Bagicha, District- Jashpur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through- The Secretary, Department Of Health And Family Welfare, Mantralaya Mahanadi Bhawan, Naya Raipur (C.G.) 2 - Joint Director Health Services Department, Division Ambikapur, District- Sarguja (C.G.) 3 - Chief Medical Officer Jashpur District- Jashpur (C.G.) 7 / 11 --- Respondent(s) with WPS No. 3433 of 2025 1 - Smt. Shakuntala Chouhan W/o Shri Shivshankar Chouhan Aged About 48 Years Working As Post Second A.N.M. (Contract Basis) At Govt. Sub Health Center Charaidand Tah. Duldula District- Jashpur (C.G.) 2 - Anita Lakra D/o Shri Gustap Lakra Aged About 49 Years At Present Working As Post Second A.N.M. (Contract Basis) At Govt. Sub Health Center Chtakpur Tah. Duldula District- Jashpur (C.G.) 3 - Asanti Bai D/o Shri Biphal Ram Aged About 41 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub Health Center Bangurkela Tah. - Duldula District- Jashpur (C.G.) 4 - Goreto Tigga D/o Shri Helariyus Tigga Aged About 46 Years At Present Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub Health Center Jamchuan, (Mayurchundi ) Tah. - Duldula District- Jashpur (C.G.) 5 - Smt. Bertha Tirkey W/o Shri Amrit Tirkey Aged About 57 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub Health Center Bangaon Tah. - Duldula District- Jashpur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary Department Of Health And Family Welfare Mantralaya Mahanadi Bhawan Naya Raipur (C.G.) 2 - Joint Director Health Services Department, Division Ambikapur District- Sarguja (C.G.) 3 - Chief Medical Officer Jashpur District - Jashpur (C.G.) --- Respondent(s) with 8 / 11 WPS No. 3450 of 2025 1 - Devsan Ram S/o Shri Kariya Ram Aged About 40 Years Working As Post Of Rasoiya (Contract Basis) At 50 Seater Boys Hostel Luikona, Tahsil - Jashpur, District - Jashpur Chhattisgarh 2 - Ramnath Ram S/o Shri Birsai Ram Aged About 40 Years Working As Post Of Rasoiya (Contract Basis) At 50 Seater Boys Hostel Kolhenjhariya, Tahsil - Farsabahar, District - Jashpur Chhattisgarh ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralya Mahanadi Bhawan, Naya Raipur Chhattisgarh 2 - Managing Director Samagra Shiksha Mission, 2nd Floor, Pension Bada, Raipur, District Raipur Chhattisgarh 3 - The Collector And District Mission Director Rajiv Gandhi Shiksha Mission Jashpur Chhattisgarh 4 - The Chief Executive Officer Zila Panchayat And District Project Director Rajiv Gandhi Shiksha Mission Jashpur Chhattisgarh --- Respondent(s) with WPS No. 3476 of 2025 1 - Smt. Abha Toppo W/o Shri Sushil Toppo Aged About 45 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Hedkapa, Tah- Kunkuri, District- Jashpur (C.G.) 2 - Smt. Amita Xalxo W/o Shri Kuldeep Ekka Aged About 49 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Kotiya, Tah- Kunkuri, District- Jashpur (C.G.) 9 / 11 3 - Smt. Lalita Tirkey W/o Shri Habil Tirkey Aged About 46 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Goriya, Tah- Kunkuri, District- Jashpur (C.G.) 4 - Smt. Mary Lily Kujur W/o Shri Prabhakar Kujur Aged About 46 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Tatkela, Tah- Bagicha, District- Jashpur (C.G.) 5 - Smt. Bimla Kujur W/o Shri Pintu Ram Aged About 32 Years Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Lodam, Tah- Jashpur, District- Jashpur (C.G.) ---Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya Mahanadi Bhawan, Naya Raipur C.G. 2 - The Joint Director, Health Services Department, Division Ambikapur, District Sarguja (C.G.) 3 - The Chief Medical Officer, Jashpur District- Jashpur (C.G.) ... Respondents (Cause title is taken from Case Information System) : Mr. Manoj Chauhan, Advocate For Petitioners For Respondents/ State : Mr. Vinay Pandey and Mr. Sanjeev Pandey, Dy. AG, Mr. Ajit Singh and Mr. Akhilesh Kumar, GA, Mr. Kanwaljeet Singh Saini, Ms. Akanksha Verma and Mr. Sabyasachi Choubey, Panel Lawyers (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 09/05/2025 1. Since identical issues involved in the above mentioned writ petitions, they are being heard and decided by this common order. 2. By the present petitions, the petitioners are seeking a direction 10 / 11 towards the respondent authority to regularize the services of the petitioners as they are working on the post of Second ANM on contract Basis pursuant to the circular dated 05.03.2008 from the date when the similarly situated persons have been regularized. 3. Case of the petitioners, in brief, is that the petitioners are presently working on the post of Second ANM on contract Basis in the respondent Department and has completed more than a decade. The petitioners are having all the requisite qualifications for holding their post in which they are working. The petitioners had submitted their detailed representation to the respondent authorities for considering their case for regular appointment as they had already completed more than a decade. 4. Learned counsel for the petitioners submits that the action on the part of the respondent authorities is illegal, arbitrary, discriminatory in nature and also violative of principles of natural justice and the Articles 14, 15 & 21 of the Constitution of India. He would further submit that the State government has regularized the services of similarly situated daily wage employees on the basis of circular dated 05/03/2008, therefore, the petitioners are also entitled for regularization of their services on their respective posts. In support of his contention, learned