NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Digitally WPS No. 1611 of 2023 ABHIGYA signed by SAXENA ABHIGYA SAXENA Reserved on 28/10/2025 Delivered on 19/11/2025

1 - Dr. Travan Kumar Todar S/o. Rameshwar Prasad Aged About 35 Years R/o. Behind Mahindra Tractor Showroom, Manaroad Devpuri, Police Station Tikrapara, District Raipur (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Department Of Medical Education (Ayush), Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) 2 - Director Directorate Of Health Services, Raipur, District Raipur (C.G.)

3 - Director Ayurveda, Yoga, Naturopathy, Unani, Siddha, And Homeopathy (Ayush), Raipur, District Raipur (C.G.) 4 - Chief Medical And Health Officer, Bijapur District Bilaspur (C.G.)

5 - District Ayurveda Officer Bijapur, District Bijapur (C.G.)

... Respondent(s)

For Petitioner(s) : Mr. Ayaz Naved, Advocate For Respondent(s) : Mr. Devesh G. Kela, Panel Lawyer Hon’ble Shri Justice Amitendra Kishore Prasad

C A V Order

1. This petition has been filed by the petitioner seeking for the following relief(s) :-

10.1. That, this Hon'ble Court may kindly be pleased to call for the entire records in relates to the case of the petitioner from the possession of respondents for its kind perusal.

10.2. That, this Hon'ble Court may kindly be pleased to set aside the impugned order dated 30.01.2023 issued by the respondent no.1 i.e. Secretary, Department of Medical Education (Ayush),Mantralaya, Mahanadi Bhawan, Atal Nagar Naya Raipur, District Raipur (C.G.) and further be pleased to direct the respondents to consider the case of the petitioner for joining at the place of his posting in respect of the appointment order dated 16.11.2022 issued by the respondent no.1 within the further period of one week.

10.3. That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioners, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.

2. The case, in essence, involves the following facts are that the

petitioner, an aspirant for a government position, applied for and

successfully secured appointment to the post of Homeopathy

Medical Officer issued by the respondents. The respondent no.1 issued the appointment order dated 16.11.2022, directing that the petitioner join at the designated place of posting within one month from the date of issuance, failing which the appointment would be deemed automatically cancelled. The petitioner, being the sole caregiver of his ailing mother and grandfather, was unable to join within the stipulated period due to their poor health. Prior to the expiry of the one-month period, he submitted an application requesting an extension of the joining period on compassionate grounds. Subsequently, the petitioner attempted to join the service on 29.12.2022 after the improvement in his parents’ health; however, the respondents refused to permit his joining in the absence of a formal extension order. Thereafter, the petitioner made multiple representations seeking permission to join, including applications dated 02.01.2023, 18.01.2023, and 13.02.2023 (ANNEXURE-P/4 and P/5). Unexpectedly, the petitioner received the impugned order through WhatsApp, which caused him considerable shock, and he has not received the order through proper official channels. The petitioner contends that the impugned order is arbitrary, unlawful, and passed without due consideration of his representations, and therefore, it is liable to be set aside, especially given that he had applied for extension of the joining period before the competent authority in light of the exigent circumstances concerning the health of his parents.

3. Learned counsel for the petitioner respectfully submits that the impugned order issued by the respondents is arbitrary, illegal, and liable to be set aside. The respondents failed to consider the petitioner’s request for extension