The State acts arbitrarily and violates the principle of equality under Articles 14 and 16 by denying COVID-19 duty bonus marks to contractual health workers without a reasoned, speaking order, especially when the recruitment policy does not expressly exclude such employees from the benefit.

Order on Board

1. The petitioners have filed this writ petition seeking following reliefs:

10.1 That, this Hon'ble Court may kindly be pleased to issue a writ/writ, direction/directions, order/orders and the respondents may kindly be directed to consider the case of the petitioners for allotment of 10 bonus marks and shall further be directed to consider the case of the petitioner for appointment on the post of eye assistant officers after preparing fresh merit/ select list.

10.2 That, this Hon'ble Court may kindly be pleased to issue a writ/writ, direction/directions, order/orders and the impugned letter dated 07/11/2023 (Annexure P/1) be set aside and quashed and the respondents be directed to pass a reasoned and speaking order in accordance with law and relevant rules/ circulars in compliance of the order dated 09/10/2023 passed by the Hon'ble High Court of Chhattisgarh in WPS no. 8081/2023.

10.3 That, this Hon'ble Court may kindly be pleased to issue a writ/writ, direction/directions, order/orders and impugned order dated 06/10/2023 (Annexure P/2) be set aside and quashed.

10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief(s), which is deemed fit and proper in the aforesaid facts and circumstances of the case.

2. Facts of the case, as emerging from the writ petition, are that the petitioners, who are working as Eye Assistant Officers on a contractual basis under the Public Health and Family Welfare Department, have approached this Court challenging the arbitrary action and inaction of the respondent authorities. The grievance of the petitioners arises from the fact that despite a specific direction issued by this Court on 09.10.2023 in WPS No. 8081 of 2023, the respondents have failed to consider and decide their representation in accordance with law. It is contended that no reasoned and speaking order has been passed, nor has any analysis of the applicable rules, circulars, or legal provisions been undertaken. Instead, by the impugned communication dated 07.11.2023, the respondents have summarily stated that the recruitment process was governed by the terms of the advertisement, without addressing the specific claims raised by the petitioners. The factual matrix reveals that an advertisement dated 08.06.2022 was issued by the Office of the Divisional Joint Director, Health Services, Bilaspur, for filling up various posts, including that of Eye Assistant Officers. Subsequently, the said advertisement was amended on 08.05.2023. As per the original advertisement, a total of 49 posts of Eye Assistant Officers were notified, out of which 22 posts (including 14 for males) were earmarked for the unreserved category, while 07 posts (including 5 for males) were reserved for candidates belonging to the Other Backward Classes category. The petitioners belong to the OBC category and were applicants pursuant to the said advertisement. It is the case of the petitioners that they had rendered valuable services as Eye Assistant Officers during the COVID-19 pandemic, and the same is duly substantiated by certificates and orders issued by the Office of the Chief Medical and Health Officer. Further, various circulars and instructions were issued by the Additional Secretary, Health and Family Welfare Department and the Director, Health Services, from time to time, recognizing and granting benefits to personnel who had rendered services during the COVID-19 period. The petitioners submit that in a similar recruitment process for the post of Staff Nurse