Page 1 of 3

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

Writ Petition (S) No. 2583 of 2020

• Smt. Yamuna Sahu, W/o Ajay Kumar Sahu, Aged about 38

years, Working as R.H.O. (Woman) at Health Centre Dahi,

Public Health Centre Gujara, Distt. Dhamtari (C.G.)

---- Petitioner

Versus

1. State of Chhattisgar, Through-Its Secretary, Health & Family

Welfare Department, Mantralaya, Capital Complex, Mahanadi

Bhawan, New Raipur, P.S. Raipur, Head Post Office Raipur, Civil

& Revenue District – Raipur (C.G.)

2. Under Secretary, Health & Family Welfare Department,

Mantalaya, Capital Complex, Mahanadi Bhawan, New Raipur,

P.S. Raipur, Head Post Office Raipur, Civil & Revenue District –

Raipur (C.G.)

3. Director Health Services, Directorate of Health Services, Head

Post Office Raipur, Civil & Revenue District – Raipur (C.G.)

4. Chief Medical & Health Officer, Dhamtari Civil & Revenue

District- Dhamtari (C.G.)

---- Respondents

For Petitioner

: Mr. Akash Pandey, Advocate

For Respondents : Mr. Amrito Das, Additional A. G.

Hon'ble Shri Justice

Narendra Kumar Vyas

Judgment on Board

14.07.2022

1. By way of filing the instant writ petition under Article 226/227 of

the Constitution of India, the petitioner has not challenged any

particular order, but she is seeking direction from this Court to

direct the respondents authorities to consider and decide the

case of the petitioner for grant of two advance increments on the

basis of her sterilization surgery.

2. Learned counsel for the petitioner would submit that presently

the petitioner is working on the post of R.H.O. (Women) in Public

Health Centre, Dahu and she has done her sterilization surgery

Page 2 of 3

on 31.03.2014 after birth of one daughter and she has obtained

her sterilization certificate on 31.03.2014. He further submits

that as per policy of the State Government dated 18.9.2002, the

Government provides two advance increments to the govt.

employees on account of sterilization surgery and as per

guidelines of the State Government, the petitioner filed an

application for granting two advance increments before the Chief

Medical & Health Officer, District Dhamtari on 31.05.2014. In

reply to which, it has been orally informed to the petitioner that

she is not entitled for two advance increments, as policy of the

State Government dated 18.9.2002 has been withdrawn on

7.10.2015. Thereafter, the petitioner again submitted her

representation before the C.M.H.O., Dhamtari on 4.10.2019

stating that she has filed an application for two advance

increments on sterilization surgery much prior to withdrawal of

policy of the State Government dated 7.10.2015.

3. Return has been filed on behalf of the State stating inter alia that

the policy of the State Government granting two advance

increments on sterilization surgery has already been withdrawn

with effect from 7.10.2015 and the petitioner cannot be benefited

with retrospective effect. On the date when the petitioner is

undergoing sterilization surgery, the aforesaid policy is in

existence. It has been stated that as per the policy dated

18.09.2022, the application for two advance increments should

be filed in the prescribed format, however, the petitioner did not

file the said application in prescribed format, therefore, the Chief

Medical & Health Officer, Dhamtari vide letter dated 6.8.2014,

wrote a letter to the petitioner and asked her to file the

application in prescribed format, but the petitioner failed to

submit the application in prescribed format.

4. I have heard learned counsel for the parties and perused the

order impugned and material available on record.

5. It is not in dispute that when the petitioner was undergoing

sterilization surgery, the policy of the State Government granting

two advance increments on sterilization surgery is very much in

Page 3 of 3

existence and the benefit