1 2025:CGHC:44922 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4901 of 2020 1 - Durgesh Parate S/o Late Shri Nagorao Parate Aged About 58 Years Posted As Lecturer (English) Posted At Government Higher Secondary School Hardi, District Rajnandgaon Chhattisgarh, R/o Ward No. 02, Shankar Nagar, District Rajnandgaon Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary, Department Of School Education Mantralaya, Mahanadi Bhawan, Naya Raipur District Raipur Chhattisgarh. 2 - District Education Officer District Rajnandgaon Chhattisgarh. 3 - Block Education Officer District Rajnandgaon Chhattisgarh. 4 - Principal Government Higher Secondary School Hardi, Rajnandgaon District Rajnandgaon Chhattisgarh. 5 - Smt. Shobha Mishra Posted As Principal Posted At Government Higher Secondary School Hardi, District Rajnandgaon Chhattisgarh. ... Respondents (Cause title, as taken from CIS) For Petitioner For State : : Ms. Zainab Vanak, Advocate appears on behalf of Mr. Rahul Sharma, Advocate Mr. Ritesh Giri, Panel Lawyer. (Hon'ble Shri Justice Naresh Kumar Chandravanshi) Order on Board 03/09/2025 1. Heard. 2. This petition has been preferred by petitioner under Article 226/227 of the Constitution of India seeking following reliefs:- RUKHSAR BANO Digitally signed by RUKHSAR BANO Date: 2025.09.04 15:40:04 +0530 2 “10.1 This Hon’ble Court may kindly be pleased to set aside/quash the impugned order dated 21-10-2020 (Annexure -P/1) issued by Principal of Government Higher Secondary School, Hardi, District Rajnandgaon (C.G.). 10.2 This Hon’ble Court may kindly be pleased to declare the petitioner’s earned leave as working period from 08.09.2020 to 20.10.2020 [Annexure-P/9 (Colly)] on the basis of online classes taken by the petitioner. 10.3 That this Hon’ble Court grant any other writ(s), order (s), relief(s) in favour of the petitioner, which the Hon’ble Court deemed fit & just in the facts and circumstances of the case, including awarding of costs to the petitioner.” 3. Learned counsel for the petitioner would submit that prior to fateful period i.e. from 08.09.2020 to 20.10.2020, the petitioner was posted as Lecturer (English) at Government Higher Secondary School, Hardi, District Rajnandgaon (CG). Due to COVID-19 pandemic since March 2020 till filing of writ petition on 09.11.2020, all the schools/colleges were closed in the State of Chhattisgarh up till further order. Meanwhile, vide order dated 31.07.2020, the District Education Officer, Rajnandgaon directed to all the Block Education Officer / Block Resource Coordinator and Principal of all schools / colleges and institutions of District Rajnandgaon that Head of the Institute, class teacher, In-Charge of T.C. and examination would have to present at school for the functioning of admission, mark sheet, transfer certificate etc. Thereafter, vide order dated 27.08.2020 (Annexure – P/3) issued by the Joint Divisional Director (Education), Division Durg (CG), it was directed that looking to the COVID-19 pandemic, schools have been 3 closed till 31.08.2020. Subsequently, vide order dated 07.09.2020 (Annexure-P/4), the Block Education Officer, Rajnandgaon had directed that looking to the Corona pandemic, appearance of all employees of the school is not required, rather, only Head of the Institution, In- Charge of T.C. or in his absence, any other teacher (only two teachers) would have to remain present from 9.00 am to 12.00 pm till further order. 3.1 She would further submit that because of aforesaid orders and lock down, the petitioner was not present physically in the school for the period 08.09.2020 to 20.10.2020, rather, he was taking online classes, despite that, vide order dated 21.10.2020 (Annexure - P/1), the Principal of Government Higher Secondary School, Hardi, District Rajnandgaon has granted leave without pay to the petitioner for aforesaid period. Whereas, there is specific direction issued by Authorities vide Annexure- P/2 to P/4 that physical presence of all the teachers was not required, as such, the petitioner was taking online classes. Hence, she prays that the impugned order Annexure-P/1 may be set aside and respondent Authorities may be directed to take his attendance for said period and also be directed to grant full salary for aforesaid period i.e. 08.09.2020 to 20.10.2020. 4. State has filed its reply. Learned State counsel while referring to its reply would submit that vide order dated 30.01.2025, the District Education Officer, Rajnandgaon (CG) directed to the Principal of Government Higher Secondary School, Hardi, District Rajnandgaon that looking to the Corona pandemic, the petitioner be granted full salary for the period of 08.09.2020 to 21.09.2020. State counsel is directed to file aforesaid document with covering memo during course 4 of the day. Learned State counsel further submitted that in compliance of the aforesaid order of the District Education Officer, Rajnandgaon, petitioner has already been paid salary for the period of 08.09.2020 to 21.09.2020. 5. In view of above contention of the State counsel, grievance of the petitioner has been redressed for the period of 08.09.2020 to 21.09.2020, as he has been granted salary for said period, meaning thereby, his attendance has been accepted by District Education Officer. 6. So far as period of 22.09.2020 to 20.10.2020 is concerned, from perusal of Annexure-P/2 dated 31.07.2020 issued by District Education Officer, Rajnandgaon, Annexure-P/3 dated 27.08.2020 issued by Joint Divisional Director (Education), Division Durg and Annexure-P/4 dated 07.09.2020 issued by Block Education Officer, Rajnandgaon, it is evident that the said period of 22.09.2020 to 21.10.2020 was of the corona period. And as per Annexure-P/3 issued by Joint Divisional Director (Education), Division Durg, schools were directed to be closed till 31.08.2020 and further vide order dated 07.09.2020 (Annexure-P/4), Block Education Officer, Rajnandgaon had issued the order that appearance of all school staff is not required, rather, only Head of Institution and In-Charge of T.C. or in his absence, any other teacher (only two teachers) are required to be present in school till 9.00 am to 12.00 pm. Nothing has been filed by the respondent/s that for said period, the petitioner was directed to present in person in the school. Thus since, said period i.e. 22.09.2020 to 20.10.2020 was pertaining to the Corona pandemic period and as per Annexure- P/3 & P/4, physical appearance of all teachers were not required, and further as stated by 5 counsel for the petitioner that the petitioner was taking online classes, therefore, I feel inclined to allow instant petition. 7. Consequently, respondent Authorities are directed to treat petitioner for 22.09.2020 to 20.10.2020 on duty and he be paid full salary and other benefits for said period. 8. Accordingly, this writ petition is allowed to the extent indicated herein- above. No order as to cost(s). Certified copy as per rules. Sd/- (Naresh Kumar Chandravanshi) JUDGE Rukhsar