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HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 4121 of 2026, WPS No. 4130 of 2026, WPS No. 4127 of 2026, WPS No. 4124 of 2026, WPS No. 4123 of 2026, WPS No. 4122 of 2026
WPS No. 4121 of 2026
Amit Patel S/o Shyam Bandhu Patel Aged About 41 Years Occupation Contract Employee For The Post Of District Project Coordinator At Raipur, Distt. Raipur, Chhattisgarh.
--- Petitioner
versus
1 - State Of Chhattisgarh Through The Health And Family Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, Distt. Raipur, Chhattisgarh.
2 - Commissioner Health Service Cum Chief Executive Officer, State Nodal Agency, Atal Nagar, Nava Raipur, Distt. Raipur, Chhattisgarh.
3 - Joint Director Finance State Nodal Agency, Atal Nagar, Nava Raipur, Distt. Raipur, Chhattisgarh.
4 - Project Director (Operation) State Nodal Agency, Atal Nagar, Nava Raipur, Distt. Raipur, Chhattisgarh.
5 - Chief Medical And Health Officer Raipur, Distt. Raipur, Chhattisgarh.
6 - Chief Medical And Health Officer Kabirdham, Distt. Kabirdham, Chhattisgarh.
7 - Adhishasi Samiti Through Chairman, Directorate Health Services, Chhattisgarh State Nodal Agency, Atal Nagar, Nawa Raipur, Distt. Raipur, Chhattisgarh.
--- Respondents
WPS No. 4130 of 2026
Ashish Kumar Tripathi S/o Awadhesh Prasad Tripathi Aged About 42 Years Occupation Contract Employee For The Post Of District Programmer Coordinator At Janjgir Champa District Janjgir Champa (C.G.)
---Petitioner
Versus
1 - State Of Chhattisgarh Through The Health And Family Welfare Department Mahanadi Bhawan Atal Nagar Nava Raipur, District Raipur (C.G.)
2 - Cmmissioner Health Service Cum Chief Executive Officer State Nodal Agency (C.G.) Atal Nagar Nava Raipur District Raipur (C.G.)
3 - Joint Director Finance, State Nodal Agency (C.G.) Atal Nagar Nava Raipur District Raipur (C.G.)
4 - Project Director (Operation) State Nodel Agency (C.G.) Atal Nagar Nava Raipur District Raipur (C.G.)
5 - Chief Medical And Health Officer Janjgir -Champa District Janjgir - Champa (C.G.)
6 - Chief Medical And Health Officer Sarguja District -Sarguja (C.G.)
7 - Adhishasi Samiti Through Chairman, Directorate Health Service Chhattisgarh State Nodal Agency, Atal Nagar Nava Raipur District Raipur (C.G.)
--- Respondents
WPS No. 4127 of 2026
Tilesh Diwan S/o Sajjan Lal Diwan Aged About 45 Years Occupation - Contract Employee For The Post Of District Program Coordinator At Raigarh District Raigarh (C.G.)
---Petitioner
Versus
1 - State Of Chhattisgarh Through The Health And Family Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur (C.G.)
2 - Commissioner Health Service Cum Chief Executive Officer State Nodal Agency Atal Nagar Nava Raipur , District Raipur (C.G.)
3 - Joint Director Finance, State Nodal Agency Atal Nagar Nava Raipur District Raipur (C.G.)
4 - Project Director (Operation) State Nodal Agency Atal Nagar Nava Raipur District Raipur (C.G.)
5 - Chief Medical And Health Officer Raigarh District Raigarh (C.G.)
6 - Chief Medical And Health Officer Korea District Korea (C.G.)
7 - Adhishasi Samiti Through Chairman, Disrectorate Health Services, Chhattisgarh State Nodal Agency, Atal Nagar Nava Raipur District Raipur (C.G.)
--- Respondents
WPS No. 4124 of 2026
Devendra Soni S/o Shivnayak Soni Aged About 47 Years Occupation Contract Employee For The Post Of District Project Coordinator At Dhamtari, District Dhamtari Chhattisgarh
---Petitioner
Versus
1 - State Of Chhattisgarh Through The Health And Family Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District Raipur Chhattisgarh
2 - Commissioner Health Service Cum Chief Executive Officer State Nodal Agency Chhattisgarh Atal Nagar, Nava Raipur, District Raipur Chhattisgarh
3 - Joint Director Finance State Nodal Agency Chhattisgarh Atal Nagar Nava Raipur Distt. Raipur Chhattisgarh
4 - Project Director (Operation) State Nodal Agency Chhattisgarh, Atal Nagar, Nava Raipur, Distt. Raipur Chhattisgarh
5 - Chief Medical And Health Officer Dhamtari District Dhamtari Chhattisgarh
6 - Chief Medical And Health Officer Dantewada, District Dantewada Chhattisgarh
7 - Adhishasi Samiti Through Chairman, Directorate Health Services, Chhattisgarh State Nodal Agency, Atal Nagar Nava Raipur District Raipur Chhattisgarh
--- Respondents
WPS No. 4123 of 2026
Samit Agrawal S/o- Vishnunath Agrawal Aged About 43 Years Occupation- Contract Employee For The Post Of Hospital Consultant At Raipur, District- Raipur (C.G.)
---Petitioner
Versus
1 - State Of Chhattisgarh Through The Health And Family Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.)
2 - Commissioner Heath Service Cum Chief Executive Officer State Nodal Agency C.G. Atal Nagar, Nava Raipur, District- Raipur (C.G.)
3 - Joint Director Finance, State Nodal Agency (C.G.) Atal Nagar, Nava Raipur, District- Raipur (C.G.)
4 - Project Director (Operation), State Nodal Agency C.G. Atal Nagar, Nava Raipur, District- Raipur (C.G.)
5 - Chief Medical And Health Officer Raipur, District- Raipur (C.G.)
6 - Chief Medical And Health Officer Bastar, District- Bastar (C.G.)
7 - Adhishasi Samiti Through Chairman, Directorate Health Services, Chhattisgarh State Nodal Agency, Atal Nagar, Nava Raipur, District- Raipur (C.G.)
--- Respondents
WPS No. 4122 of 2026
Shiv Kumar Rathore S/o Prahlad Rathore Aged About 38 Years Occupation Contract Employee For The Post Of District Programmer Coordinator At Korba District- Korba (C.G.)
---Petitioner
Versus
1 - State Of Chhattisgarh Through The Health And Family Welfare Department, Mahanadi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.)
2 - Commissioner Health Service Cum Chief Executive Officer State Nodal Agency (C.G.) Atal Nagar, Nava Raipur, District- Raipur (C.G.)
3 - Joint Director, Finance State Nodal Agency (C.G.) Atal Nagar, Nava Raipur, District- Raipur (C.G.)
4 - Project Director (Operation) State Nodal Agency (C.G.) Atal Nagar, Nava Raipur, District- Raipur (C.G.)
5 - Chief Medical And Health Officer Korba District- Korba (C.G.)
6 - Chief Medical And Health Officer Balrampur District- Balrampur - Ramanujganj (C.G.)
7 - Adhishasi Samiti Through Chairman Directorate Health Services, Chhattisgarh State Nodal Agency, Atal Nagar, Nava Raipur, District- Raipur (C.G.)
... Respondents
For Petitioners : Mr. Awadh Tripathi, Advocate
For Respondents/State : Mr. Vivek Verma, G.A. with Ms. Anuja Sharma,Dy. G.A.
Hon’ble Shri Bibhu Datta Guru, Judge
12/05/2026
Order on Board
1. Since all the petitions involve interconnected facts and grounds, they were heard and being disposed of by this common order.
2. By these petitions, the petitioners, who are working on contractual basis in the respondent Health Department, are questioning the impugned order dated 12/11/2025 Annexure P-1 and the order dated 06/05/2026 Annexure P-2, by which, their posting place has been changed from one district to another. (In the relief clause 10.1, it has been mentioned that the order relates to recovery from the petitioner). The petitioners further sought a direction towards the respondents not to implement the decision taken on 12/11/2025 and the minutes dated 04/11/2025. The petitioners also sought a direction towards the authorities to continue their respective services in the same place of posting for the period 2026-27.
3. For the sake of convenience, the pleadings and documents of WPS No.4122/2026 are being referred.
4. (A) Learned counsel for the petitioners would submit that pursuant to the selection process initiated by the respondents authorities, the petitioners participated and selected to their respective posts in the respondents department. The details of the petitioners are as under:
| S.No. | WPS Nos. | Name of the petitioner & designation | Present place of posting | New place of posting |
|---|---|---|---|---|
| 1. | 4121/2026 | Amit Patel, District Project Coordinator | Raipur | Kabirdham |
| 2. | 4122/2026 | Shiv Kumar Rathore, District Project Coordinator | Korba | Balrampur |
| 3. | 4123/2026 | Samit Agrawal, Hospital Conultant | Raipur | Bastar |
| 4. | 4124/2026 | Devendra Soni, District Project Coordinator | Dhamtari | Dantewada |
| 5. | 4127/2026 | Tilesh Diwan, District Project Coordinator | Raigarh | Koriya |
| 6. | 4130/2026 | Ashish Kumar Tripathi, District Project Coordinator | Janjgir Champa | Sarguja |
(B) Learned counsel for the petitioners would further submit that the impugned order of posting is passed without jurisdiction because in the cases at hand, the CMHO is the appointing authority whereas the order impugned has been passed by the State agency. According to the learned counsel, since the appointment order does not contain the transferable clause, the petitioners cannot be posted in other district. He would submit that the governing body in its meeting dated 04/11/2025 with regard to agenda 14 categorically admitted that the formal human resource policy has not yet been framed or notified and as such, in absence of any policy or rules, the posting of employees based on work evaluation is arbitrary and not sustainable in the eyes of law. He would submit that the authorities are attempting to treat the district cadre posts as State cadre posts that too without any basis. He would lastly submit that the petitioners are rendering their services in their respective place of posting since last 8-9 years and on account of the impugned posting order, they shall suffer irreparably.
5. On the other hand, learned counsel appearing for the State would oppose the aforesaid submission of the petitions. He would submit that looking to the huge requirement of manpower in the health department, the State Nodal Agency consisting of several higher officials convened its meeting on 04/11/2025 and passed the unanimous resolution that those who have completed five years of service, at the district level, their services will be extended with the condition that they shall not be posted in the same district. Thus, the impugned order cannot be termed as illegal and arbitrary.
6. I have heard learned counsel for the parties, perused the pleadings and documents.
7. It is an admitted fact that pursuant to the selection process conducted by the respondent authorities, the petitioners participated and selected on contractual basis on the post as mentioned in the above chart. It is also not in dispute that from the date of their appointment i.e. since last 8-9 years, they are rendering their services at the same place o
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