Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:9143
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4217 of 2018 Smt. Purnima Vishwakarma W/o Shri Firtu Ram Vishwakarma, Aged About 52 Years R/o Village Nagar Panchayat Bodri, Chakarbhatha, Tahsil Bilha, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
... Petitioner(s) versus
1. State Of Chhattisgarh Through The Secretary, Urban Administration Department Mantralaya, Mahanadi Bhawan, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh
2. The Director, Urban Administration Department, Indrawati Bhawan, Mantralaya, New Raipur Chhattisgarh., District : Raipur, Chhattisgarh
3. The Joint Director, Urban Administration Department, Bilaspur, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
4. The Chief Municipal Officer, Nagar Panchayat Bodri, Chakarbhatha, Tahsil Bilha, District Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh
... Respondent(s) For Petitioner : Mr. Aman Upadhyay, Adv. on behalf of Mr. Sushil Dubey, Adv. For State : Mr. Lav Sharma, P.L. For Respondent No. 4 : None Hon’ble Shri Justice Rakesh Mohan Pandey
Judgment On Board 21/02/2025 1) By way of this petition, petitioner has sought following relief(s):- 10.1 That, the Hon'ble Court may kindly be pleased to call for entire records pertaining to the petitioner case for the kind perusal of this Hon’ble Digitally signed by AJINKYA PANSARE Date: 2025.02.21 13:32:21 +0530
2 Court. 10.2 That, the Hon'ble Court may kindly be pleased to issue a appropriate writ in nature of mandamus whereby directing to the respondent No.3 & 4 to accept the medical leave and release the salary of petitioner's husband for further treatment. 10.3 Any other relief, which may be deemed, fit by this Hon'ble Court just and proper in the facts and circumstances of the case may also be provided in favour of the petitioner. 2) Learned counsel for the petitioner submits that husband of petitioner who was working on the post of Assistant Revenue Inspector at Nagar Panchayat, Bodri suffered a paralytic attack on 28.07.2017. He further submits that petitioner was under treatment of medical practitioners during 28.07.2017 till 09.04.2018 and thereafter, application was moved for grant of medical leave and release of salary of that period. He contends that even after 09.04.2018, medical condition of husband of petitioner was not good and thus he could not join service. He further contends that husband of petitioner made a representation before respondent authorities for grant of medical leave and release of salary but till date, no action has been taken. 3) On the other hand, learned State counsel submits that husband of petitioner failed to join the service after 09.04.2018, therefore, no decision could be taken on his representation. 4) Heard learned counsel for the parties and perused the material available on record. 5) Taking into consideration the fact that husband of petitioner suffered a paralytic attack and he was on medical leave from 27.08.2017 till 09.04.2018 and even thereafter, he could not join services and further that representation made by husband of petitioner is still pending
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consideration before the respondent authorities, instant petition is being disposed of directing Chief Municipal Officer, Nagar Panchayat Bodri i.e. respondent No. 4 to adjust the period of medical leaves according to Chhattisgarh Civil Services (Leave) Rules, 2010 and take appropriate steps for release of salary. The entire exercise shall be completed by the authority concerned within period of 45 days from the date of receipt of copy of this order. 6) With the aforesaid direction(s), instant writ petition stands disposed of. Sd/- (Rakesh Mohan Pandey) JUDGE Ajinkya