Chattisgarh High Court
Smt. Khushbu Gupta vs State Of Chhattisgarh on 16 July, 2025
2025:CGHC:33273
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 7127 of 2025
1 - Smt. Sushila Tirkey W/o Shri Jems Lakra Aged About 28 Years Presently Working
As Post Of Second A.N.M. (Contract Basis) At Govt. Sub Health Center Mendarbahar
Tah. Farsabahar District - Jashpur (C.G.)
2 - Smt. Laxmi Das W/o Shri Mahesh Mahant Aged About 39 Years Presently Working
As Post Of Second A.N.M. (Contract Basis) At Govt. Sub Health Center Gholeng Tah.
Jashpur District - Jashpur (C.G.)
3 - Smt. Bimla Kujur W/o Shri Pintu Kujur Aged About 32 Years Presently Working As
Post Of Second A.N.M. (Contract Basis) At Govt. Sub Health Center Neemgaon Tah.
Jashpur District - Jashpur (C.G.)
4 - Smt . Sukeshini Minj W/o Shri Ujin Minj Aged About 34 Years Presently Working
As Post Of Second A.N.M. (Contract Basis) At Govt. Sub Health Center Kadamtoli
Tah. Jashpur District - Jashpur (C.G.)
5 - Smt. Tara Suman Lakra W/o Shri Stephan Lakra Aged About 39 Years Presently
Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub Health Center
Ichkela Tah. Jashpur District - Jashpur (C.G.)
6 - Smt. Sunita Tirkey W/o Shri Vishvanath Ram Aged About 48 Years Presently
Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub Health Center Baro
Tah. Farsabahar District - Jashpur (C.G.)
--- Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family
Welfare Mantralaya Mahandi 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)
WPS No. 7131 of 2025
1 - Smt. Khushbu Gupta D/o Late Shri Shivlal Gupta Aged About 35 Years Presently
Working As Post Of Second A.N.M. (Contract Basis) At Govt. Primary Health Center
Patora, Tah.- Lundra, District- Sarguja (C.G.)
2 - Smt. Suchita Panna W/o Shri Atul Toppo Aged About 48 Years Presently Working
As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Udari, Tah.-
Lundra, District- Sarguja (C.G.)
Wps 7127 and 7131 of 2025
2
3 - Smt. Manju Tirkey W/o Shri Anil Tirkey Aged About 44 Years Presently Working As
Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Asola, Tah.-
Lundra, District- Sarguja (C.G.)
4 - Smt. Vikas Lata Bara D/o Shri Advard Bara Aged About 43 Years Presently
Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center
Katkalo, Tah.- Ambikapur, District- Sarguja (C.G.)
5 - Smt. Jayanti Kujur W/o Shri Sanjay Beck Aged About 41 Years Presently Working
As Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Sakholi, Tah.- Lundra,
District- Sarguja (C.G.)
6 - Smt. Sudha Painkra W/o Shri Baba Ram Painkra Aged About 44 Years Presently
Working As Post Of Second A.N.M. (Contract Basis) At Govt. Sub-Health Center Kot,
Tah.- Lundra, District- Sarguja (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 Ambikapur, District- Sarguja (C.G.)
...Respondents
(Cause title is taken from the CIS)
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For Petitioners : Shri Manoj Chauhan, Advocate
For Respondents/State : Shri Santosh Bharat, PL
------------------------------------------------------------------------------------------------------------------
Hon'ble Shri Justice Ravindra Kumar Agrawal
Order on Board
16.07.2025
1. Since identical issue is involved in the above petitions, they are being
heard and decided by this common order.
2. By the present petition, petitioners are seeking a direction towards the
respondent authority to regularize the services of the petitioners on the post of
Second ANM, pursuant to the Circular dated 05.03.2008 from the date when
the similarly situated persons have been regularized.
Wps 7127 and 7131 of 2025
3. Case of the petitioners, in brief, is that petitioners are presently working
on the post of Second ANM in department of respondent department on
contract basis, and have completed more than a decade. Petitioners are
having all the requisite qualifications for holding the said post. 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 would submit that the action on the
part of the respondent authorities is illegal, arbitrary, discriminatory in nature,
and also violative of the principles of natural justice, and Articles 14, 15 & 21 of
the Constitution of India. Petitioners are working on contract basis since long.
He would further submit that the State Government has regularized the
services of similarly situated employees on the basis of Circular dated
05.03.2008, therefore, present petitioners are also entitled for regularization of
their services on the post of Second ANM. In support of his contention,
learned counsel has relied on the judgment passed by this Court in the matter
of Manoj Kumar Nirmalkar Vs State of Chhattisgarh (WPS-4293 of 2012)
decided on 10.02.2023.
5. On the other hand, learned counsel for the respondents/State would
oppose the contention of learned counsel for the petitioners.
6. Heard learned counsel for the parties, and perused the material available
on record.
Wps 7127 and 7131 of 2025
7. Hon'ble Apex court in the matter of Narendra Kumar Tiwari, and others
Vs the State of Jharkhand, and others Civil Appeal Nos.7423-7429 of 2018,
decided on 01.08.2018, held in para 11 of its judgment 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, above petitions are
allowed. The respondent authorities are directed to inspect the records of
other similarly situated employees when their services were regularized. If
present petitioners are also found to be similar to those employees, whose
services were regularized, their services be also regularized from the same
date. It is also directed that all this exercise be completed within a period of
60 days from the date of receipt of copy of this Order.
Sd/-
(Ravindra Kumar Agrawal)
JUDGE
padma
