Asha Bai v. The State of Chhattisgarh

Order

on Board

12.10.2026

¶1Learned counsel for the parties jointly submits that the issue involved in this writ petition has already been considered and JYOTI SHARMA Date: 2026.10.13 10:47:32 +0530 decided by the Coordinate Bench of this Court vide judgment dated 31.05.2024 passed in WPS No. 1453 of 2021 and other connected matters, wherein the Coordinate Bench of this Court held as under:- "18. Thus, the point No.1 is answered in favour of the petitioners by directing the respondents to fix the pension/family pension of the petitioners as per the last drawn salary and all other permissible retiral dues within 3 months from the date of receipt of copy of this order.

¶19As per the Recruitment Rules of 1989, the Dean Medical College was the appointing authority and as such, it was not required to the Dean Medical College to get approval of the Promotion order of the petitioners as the recruitment rules which has statutory force do not provide any such procedure for getting approval from the Secretary of the department. Rule 20 of the said rule provides power of relaxation which is lying with the His Excellency, the Governor. There is no such provision has been placed on record even the relaxation power has been delegated to the Secretary Medical Education or the Director Medical Education, therefore, in these circumstances it was not required for the Dean Medical College, Raipur to send the matter for approval to the Secretary. Thus, the issuance of memo dated

25.01.2023 and 23.03.2023 have no relevancy on the issue Accordingly, the point No. 2 is decided in favour of the petitioners by holding that the Secretary, Medical Education or the Director, Medical Education has no role to play in appointment of the petitioners being Class III and Class IV employees whose appointing authority is the Dean, Medical College.

¶20Accordingly, the Writ Petitions deserve to be and are hereby allowed in terms of the directions given in penultimate paragraphs."

¶2Having considered the submissions made by learned counsel for the parties and having gone through the materials available on record, it is evident that the facts and issue involved in this petition is identical to WPS No. 1453 of 2021, this Court deems it appropriate not to take a view other than what has been taken in the aforesaid.

¶3Accordingly, the present petition is allowed in terms of the order dated 31.05.2024 passed in WPS No. 1453 of 2021. Sd/-

(Bibhu Datta Guru) JUDGE Jyoti

CGHC010398012026 2026:CGHC:43984 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 7441 of 2026 Asha Bai W/o Baisakhu Das Aged About 66 Years R/o H. No. 34/540, New Shanti Nagar, Jhanda Chowk, Near Anil Kirana, Raipur, Distt. Raipur, C.G. ... Petitioner(s) versus 1. The State Of Chhattisgarh Through The Secretary, Department Of Health And Family Walfare, New Mantralaya, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Raipur (C.G.) 2. The Director, Department Of Medical Education, Old Nurses Hostel, D K S Bhawan, Raipur (C.G.) 3. D E A N, Pt. Jawahar Lal Nehru Memorial Medical College Raipur (C.G.) 4. Joint Director, Directorate Of Treasury Accounts And Pension District Raipur (C.G.) 5. Secretary, Department Of Finance, Government Of Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Petitioner : Mr. K.N. Singh, Advocate For Respondent/ State : Mr. Soumitra Kesharwani, P.L. Hon'ble Shri Bibhu Datta Guru , Judge