AFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2274 of 2024

1. Kedar Nath Anant S/o Soukhi Lal Anant, Occupation Govt. Service Psychiatric Social Work Posted At - Psychiatric Hospital, Sendary, District Bilaspur (C.G.)

2. Dr. Deepti Dhurandhar W/o Parveen Sheokand, Occupation - Govt.

Service Psychiatric Social Work Posted At Psychiatric Hospital, Sendary, District Bilaspur (C.G.)

3. Dr. Mrs. Alka Agrawal W/o Akash Agrawal, Occupation - Govt. Service Psychiatric Social Work Posted At Psychiatric Hospital, Sendary, District Bilaspur (C.G.)

4. Mrs. Pratibha Tiwari W/o Shyama Charan Tiwari, (Wrongly Mentioned In Annexure P/12) Occupation - Govt. Service Psychiatric Social Work Posted At Psychiatric Hospital, Sendary, District Bilaspur (C.G.)

5. Jarina Siddiqui W/o Md. Zulfiquar Siddiqui, Occupation - Govt. Service Psychiatric Social Work Posted At Psychiatric Hospital, Sendary, District Bilaspur (C.G.) ---- Petitioners Versus

1. State Of Chhattisgarh Through - The Secretary Department Of Health And Family Welfare Secretariat, Mahanadi - Bhavan, Naya Raipur, District Raipur (C.G.)

2. The Aayukt Swasthya Sewayen Secretariat C.G. Raipur Secretariat Mahanadi Bhawan, Naya Raipur, District Raipur (C.G.)

3. The Sanchalak Swasthya Sewaien Secretariat Mahanadi Bhawan Raipur, District Raipur (C.G.)

4. Sambhagiya Sanyukt Sanchalak Swasthya Sewayen Bilaspur, District Bilaspur (C.G.)

5. The Hospital Superintendent Rajya Mansik Chikitsalaya Sendari, District Bilaspur (C.G.)

6. Sanyukt Sanchalak Kosh Lekha Pension, Bilaspur, District Bilaspur (C.G.)

---- Respondents (Cause Title taken from Case Information System)

For Petitioners : Mr. S.P.Sahu, Advocate.

For Respondent / State : Mr. R.S.Marhas, Additional Adv. General Hon'ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Sachin Singh Rajput, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

16/04/2024 Heard Mr. S.P.Sahu, learned counsel for the petitioner and Mr.

R.S.Marhas, learned Additional Advocate General for the State on advance copy.

2. The petitioners in this petition pray for following reliefs -

“10.1. This Hon’ble Court may kindly be pleased to issue a writ in the nature of mandamus by which declares that serial Number 35 of Schedule–I of the Chhattisgarh Health and Family Welfare Department Non-Ministerial Para-Medical and Nursing (Directorate Health Services) Class – III Service Recruitment Rules, 2013 is ultra vires.

10.2 Further may kindly be pleased to issue a writ in the nature of mandamus or appropriate writ direct therein to the respondent to classify the post of Psychiatric Social Worker of Rajya Mansik Chikitsalaya Sendari Bilaspur (CG) as Class -II & Petitioners be treated as class -II employee from the date of joining.

10.3 Further may kindly be pleased to issue a writ in nature of mandamus or appropriate writ direct therein to the respondents to grant pay scale pay band and Grade Pay to the petitioner as given in Gwalior Mansik Arogya Shala, Gwalior (M.P.) i.e. Rs.15600-

39100+7000 from their date of joining.

10.4 Further may kindly be pleased to direct the respondents to grant all the consequential beneits.

10.5 Further may kindly be pleased to direct the respondents to promote the petitioners on the post of Clinical Psychologist.

10.6 Further may kindly be pleased to issue a writ in direction order as this Hon’ble Court deem it in the favour of the petitioners in the interest of justice.

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

3. Facts of the case is that the State of Chhattisgarh / respondent No.1 framed Rules “The Chhattisgarh Health and Family Welfare Department Non- ministerial Paramedical & Nursing (Directorate Health Service) Class -III Service Recruitment Rule, 2013 (for short ‘the Rules of 2013’) and published it in the C.G. Rajpatra (Asadharan) dated 24/06/2013. These rules came into force from the date of its publication in the oicial gazette i.e. 24/06/2013. The respondent No.4 issued appointment order of