1 2025:CGHC:43781 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2124 of 2021 1 - Laxman Lakada S/o Shri Jitan Ram Lakada, Aged About 53 Years R/o Village And Post Devgarh, Police Station Sitapur, Tahsil Sitapur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Tribal Welfare Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur Chhattisgarh, District : Raipur, Chhattisgarh 2 - The Deputy Commissioner, Scheduled Caste And Scheduled Tribe Development, Chhattisgarh, Raipur Chhattisgarh, District : Raipur, Chhattisgarh 3 - The Assistant Commissioner, Tribal Development, Ambikapur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh 4 - The Collector, Surguja, Ambikapur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh 5 - The District Education Officer, Ambikapur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh 6 - The Block Education Officer, Batauli, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh 7 - The Block Education Officer, Lakhanpur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh --- Respondent(s) and WPS No. 2353 of 2021 1 - Smt. Harawati Lakada W/o Shri Laxman Lakada Aged About 48 Years R/o Village And Post Devgarh, Police Station Sitapur, Tahsil Sitapur, District Surguja Chhattisgarh ---Petitioner(s) Versus NIRMALA RAO 2 1 - State Of Chhattisgarh Through The Secretary, Tribal Welfare Department, Mahanadi Bhawan, Mantralaya, Atal Nagar Nawa Raipur Chhattisgarh 2 - The Deputy Commissioner Scheduled Caste And Scheduled Tribe Development, Chhattisgarh Raipur Chhattisgarh 3 - The Assistant Commissioner Tribal Development, Ambikapur, District Surguja Chhattisgarh 4 - The Collector Surguja, Ambikapur, District Surguja Chhattisgarh 5 - The District Education Officer Ambikapur, District Surguja Chhattisgarh 6 - The Block Education Officer Sitapur, District Surguja Chhattisgarh 7 - The Block Education Officer Udaypur, District Surguja Chhattisgarh --- Respondent(s) ------------------------------------------------------------------------------------------------------ For Petitioners : Shri Bharat Rajput, Advocate. For Respondent/ State : Shri Vedant Shadangi, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 28.08.2025 1. In WP(S) No.2124 of 2021, the petitioner has sought the following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to release of unpaid salary to the petitioner by declaring the absent period from 25.08.2012 to 14.05.2015 as leave period, in accordance with law. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to release the unpaid salary to the petitioner with interest @ 12% per annum from the date of entitlement to its actual payment. 10.3 That, any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 3 2. In WP(S) No.2353 of 2021, the petitioner has sought the following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to issue an appropriate writ, thereby directing the respondent authorities to release of unpaid salary to the petitioner by declaring the absent period from 05.09.2012 to 14.05.2015 as leave period, in accordance with law. 10.2 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to release the unpaid salary to the petitioner with interest @ 12% per annum from the date of entitlement to its actual payment. 10.3 That, any other relief/order which may deen fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.” 3. Learned counsel for the petitioners would submit that, at the relevant time, the petitioner – Laxman Lakada in WP(S) No. 2124 of 2021 was posted at Primary School, Junapara Batauli, Block Batauli, District Surguja, and the petitioner – Smt. Harawati Lakada in WP(S) No.2353 of 2021 was posted at Girls Middle School, Sitapur, District Surguja. He would contend that the petitioners are husband and wife. He would contend that they remained absent from duty from September, 2012 to May, 2015 and thereafter joined their services. The period from 5.9.2012 to 27.2.2015 was adjusted against commuted leave, and the period from 28.2.2015 to 14.5.2015 was adjusted against the earned leave. Although the period of absence has already been adjusted accordingly, the salary for the said period has not yet been paid to the petitioners. He, therefore, prays that a direction may be issued to respondents No. 3 & 5 to consider and 4 decide the claim of the petitioners expeditiously, strictly in accordance with the law. 4. On the other hand, learned counsel for the State would oppose the submissions made by counsel for the petitioners. He would submit that the petitioners remained absent from their duties without sufficient reason. He would further submit that the period of absence has been adjusted against commuted and earned leaves. He would also submit that petitioners are not entitled to the salary as they remained absent. 5. I have heard learned counsel for the parties and perused the documents present on the record. 6. It is not disputed that the petitioners remained absent from September, 2012 to May, 2015, and the said period has already been adjusted by the Competent Authority against commuted and earned leaves. However, the permissible salary for the said period has not been paid to the petitioners. 7. In view of the above, the petitioners are permitted to make a representation raising their grievances before respondents No.3 & 5, preferably within a period of 15 days from today, and in turn, the authorities are directed to consider the claim of the petitioners within a further period of 90 days. 8. With the aforesaid observation(s), these petitions are disposed of. Sd/- (Rakesh Mohan Pandey) Judge Nimmi