1 2025:CGHC:7110 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3701 of 2018 Smt. Anjani Singewar W/o Shri Rajesh Singewar, Aged About 43 Years Working As Gramin Swasthya Sanyojika (A.N.M.) And Posted At Up- Swasthya Kendra- Kongni, R/o Village Kurdi, Post Chourele, Tahsil Gunderdehi, District Durg Chhattisgarh, District : Durg, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, New Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 2. The Director, Health Services, Chhattisgarh, Raipur, Chhattisgarh., District : Raipur, Chhattisgarh 3. The Administrative Officer, Directorate Of Health Services, Chhattisgarh, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh 4. The Chief Medical And Health Officer Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh 5. The Block Medical Officer, Samudayik Swasthya Kendra- Gunderdehi, District Durg Chhattisgarh., District : Durg, Chhattisgarh 6. The Collector Durg, District Durg Chhattisgarh., District : Durg, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Jitendra Gupta, Advocate For State/ Respondents : Mr. Vinay Pandey, Deputy A.G. Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 07/02/2025 1) By way of this petition, petitioner has sought following relief(s):- 10.1 That, this Hon'ble Court may kindly be pleased to call for the entire records pertaining to this case from possession of the respondents for 2 its kind perusal. 10.2 That, this Hon'ble Court may kindly issue a suitable writ/order/direction setting aside the impugned order passed dated 17/04/2017 (Annexure P/19) passed against the petitioner. 10.3 That, this Hon'ble Court may kindly issue a suitable writ/order/direction commanding the respondents to make payment of salary to the petitioner for the period of 04/09/2009 to 22/06/2010 (total 292 days) which she is entitled to get. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief or pass such other and further orders as may be deemed fit and proper in the facts and circumstances of the present case in the interest of justice. 2) Petitioner was initially appointed to the post of Gramin Swasthya Sanyojika (ANM) at Sub-Health Centre-Kongni, Post-Chourele, Tehsil- Gunderdehi, District-Durg (C.G.). She was transferred to O/o Chief Medical Officer, Kanker vide order dated 03.09.2009 against which petitioner preferred a writ petition [WPS/631/2009] which was disposed of vide order dated 18.11.2009. Pursuant to order passed in Writ petition dated 18.11.2009, petitioner submitted a representation before respondent No. 1 on 09.11.2009 before respondent No. 1 and same was rejected vide order dated 19.01.2010. Petitioner challenged the said order by filing another writ petition [WPS/1492/2010] and vide interim order dated 15.06.2010, she was allowed to continue on the said post till next date of hearing. Later, the transfer order was canceled by the State authorities vide order dated 22.06.2010. As petitioner could not join services for period from 04.09.2009 till 22.06.2010, therefore, total 292 days were declared as “non-working days” vide order dated 30.04.2012 by respondent No. 2. Thereafter, petitioner again filed a writ petition [WPS/4170/2014] challenging that order and same was disposed of reserving liberty in favor of petitioner 3 to make representation before the State authorities. Representation made by petitioner was rejected by the State authorities vide order dated 17.04.2017. 3) Learned counsel for the petitioner submits that the authority concerned ought to have adjusted the period of absence against available Earned Leaves and Half-Pay Leaves available to petitioner. 4) On the other hand, learned State counsel opposes. He submits that petitioner remained absent from service for 292 days without providing sufficient justification for such absence, therefore, that period has been declared as “non-working days”. He further submits that authority concerned has passed a well-reasoned order by rejecting the representation moved by petitioner. 5) Heard. 6) Taking into consideration the fact that in the account of petitioner, 270 Earned Leaves and 472 Half-Pay Leaves are available, therefore, respondent authorities ought to have adjusted 292 days of absence against these leaves. Therefore, the order passed by respondent No. 2 dated 17.04.2017 is hereby quashed and the matter is remitted back to respondent authorities to consider the claim of petitioner afresh in light of the observation made hereinabove. The entire exercise shall be completed within period of 120 days from the date of receipt of copy of this order. 7) With the aforesaid observation(s) & direction(s), instant writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya