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Chattisgarh High Court
Dr. Avinash Chaturvedi vs The State Of Chhattisgarh on 25 February, 2026
1/4
2026:CGHC:9800
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 1819 of 2026
Dr. Avinash Chaturvedi S/o Shri Anant Ram Chaturvedi Aged About 48 Years
(M.B.B.S. And Diploma In Tuberculosis And Chest Disease) Occupation-
Service (On Ad-Hoc Basis), Presently Posted As Medical Officer, At District
T.B. Centre Kalibadi, Raipur, District Raipur (C.G.)
... Petitioner
ALFIZA
BAIG
Digitally signed
by ALFIZA BAIG
versus
Date:
2026.03.09
11:33:19 +0530
1 - The State Of Chhattisgarh Through The Secretary, Department Of Health
And Family Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur, District
Raipur (C.G.)
2 - The Secretary Department Of General Administration, Mantralaya,
Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.)
3 - The Director Directorate Of Health Services, 3rd Floor, Indrawati Bhawan,
Nawa Raipur, Atal Nagar, Raipur, District Raipur (C.G.)
... Respondents
For Petitioner : Mr. Vivek Bhakta, Advocate appears along
with Mr. A. N. Bhakta, Advocate
For State : Mr. Vivek Verma, Govt. Advocate
S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board
25.02.2026
1. Petitioner has filed this writ petition seeking following reliefs:-
"10.1 That the Hon'ble Court may kindly be pleased to call for
the entire records pertaining to the service of the petitioner.
10.2 That the Hon'ble High court may kindly be pleased to
direct the Respondent authorities to regularize the
Petitioner's services on the post of Medical Officer from his
initial date of appointment i.e. 22.05.2013 and joining date
14.06.2013 with all consequential service benefits including
seniority within stipulated period, in the interest of justice.
10.3 That the Hon'ble Court may kindly be pleased to direct
the Respondent authorities to consider & decide the pending
representation dated 04.09.2025 (Ack on 05.08.2025) (Ann.
P-6), with reference to dicta laid down by the Hon'ble
Supreme Court in the matter of "Dharam Singh Vs. State of
UPC, passed in Civil Appeal, No. 8558/2018" and other
relevant matters" in objective manner, within stipulated
period, in the interest of justice.
10.4 Any other relief, which this Hon'ble court deems fit and
proper, in the interest of justice."
2. Learned counsel for petitioner submits that petitioner was appointed as
Medical Officer on Adhoc basis. Petitioner was initially appointed on
probation period and thereafter he successfully completed his
probation period of three years. Since the date of initial appointment,
petitioner is continuously working as Medical Officer for last about more
than 12 years, however, till date service of the petitioner has not been
regularized. Petitioner also submitted representation in this regard
before respondent no. 1 on 23.09.2025 (Annexure P-8), however, till
date no decision has been taken and, therefore, direction be issued to
respondent authorities to consider and take decision on the
representation submitted by petitioner, at the earliest, within stipulated
time period.
3. Learned counsel for respondent -State submits that according to his
instructions based on the representation submitted by petitioner,
proceedings have been initiated and information has been sought from
different authorities as to know the number of appointees and steps for
regularization have been taken. He submits that the representation
submitted by petitioner will be considered and appropriate orders will
be passed, in accordance with law.
4. I have heard learned counsel for respective parties.
5. Claim of petitioner is that he was appointed as Medical Officer on
Adhoc basis in the year 2013 and since then he is continuously
working on the said post. Petitioner has completed almost more than
12 years of service as an Adhoc employee. Hon'ble Supreme Court in
case of Narendra Kumar Tiwari & Others Versus State of
Jharkhand & Others reported in SCC (L&S) 2018 (2) 472 considered
the issue of regularization of temporary/daily wages employees, who
had completed 10 years of service. Further, Hon'ble Supreme Court in
case of Jaggo Versus Union of India reported in (2024) SCC Online
SC 3826 has further observed that the government departments to
lead by example in providing fair and stable employment. Engaging
workers on a temporary basis for extended periods, especially when
their roles are integral to the organization's functioning, not only
contravenes international labour standards but also exposes the
organization to legal challenges and undermines employee morale.
6. Hon'ble Supreme Court in case of Dharam Singh Vs. State of U.P.
reported in 2025 SCC Online SC 1735 has strongly deprecated the
culture of "ad-hocism" adopted by States in their capacity as
employers. The Court criticized the practice of outsourcing or
informalizing recruitment as a means to evade regular employment
obligations, observing that such measures perpetuate precarious
working conditions while circumventing fair and lawful engagement
practices.
7. Recently, Hon'ble Supreme Court in case of Bholanath Vs. The State
of Jharkhand & Ors. Reported in 2026 INSC 99 bearing SLP C No.
30762 of 2024 has observed the respondent -State was not justified in
continuing the appellant's services on sanctioned posts for over a
decade under nomenclature of contractual engagement and thereafter
denying them consideration for regularization and have further
directed for regularizing the appellants therein, in service.
8. In the aforementioned facts of the case and the decisions of Hon'ble
Supreme Court in above referred cases, further considering the
application/representation submitted by petitioner is still pending
consideration before respondent authorities, this writ petition at this
stage is disposed of directing respondent authorities to consider and
take decision on pending representation submitted by petitioner, in
accordance with law, expeditiously, preferably within a further period of
six months from the date of receipt of the order, keeping in mind the
decisions of Hon'ble Supreme Court referred above.
9. With the aforementioned direction and observation, this writ petition
stands disposed of.
Certified copy as per rules. sd/-
(Parth Prateem Sahu)
Judge
Alfiza
