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2025 DAILYLAW 35406 (CHH)

SMT. PREETI TIWARI v. STATE OF CHHATTISGARH

WPS/8631/2025 · 2025-08-05

Shri Ravindra Kumar Agrawal

body2025

Judgment text

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2025:CGHC:39336 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8631 of 2025 Smt. Preeti Tiwari W/o Shri Aditya Tiwari Aged About 50 Years Occupation - Lecturer, Biology (T- Cadre) At Govt. High School, Gaidabri, Block Chhura, District Gariyaband (C.G.) R/o Near Mohan Provision Store, Bajrang Chowk, Chhura, District : Gariyabandh, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2 - The Commissioner (Higher Education) Directorate Of Higher Education, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh 3 - The Additional Director Directorate Of Higher Education, Indrawati Bhawan, Nawa Raipur, Atal Nagar, District : Raipur, Chhattisgarh 4 - The Principal Govt. Yashvant Rao Meghawale College, Magarlod, District : Dhamtari, Chhattisgarh ...Respondents (Cause title is taken from the CIS) ------------------------------------------------------------------------------------------------------------------ For Petitioner : Shri Rajendra Patel, Advocate on behalf of Shri Anirudha Shrivastava, Advocate For Respondents/State : Shri Keshav Gupta, GA ------------------------------------------------------------------------------------------------------------------ Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board 06.08.2025 1. Petitioner has filed this petition for the following reliefs: “10.1 That, it is most humbly prayed from the Hon’ble High Court that the entire records of the case may be called. 10.2 That, the Hon’ble court may kindly be pleased to issue a writ of mandamus, directing the Respondent Authorities to kindly Digitally signed by V PADMAVATHI Date: 2025.08.07 15:00:48 +0530 Wps 8631 of 2025 2 consider and decide the representation of the Petitioner dated 24.04.2025 and 06.05.2025 which is still pending, in the interest of justice. 10.3 That, the Hon’ble Court may kindly be pleased to issue a writ of mandamus directing the Respondents to consider the claim/ request of the Petitioner to provide her with all the benefits of intervening period in which the probation of the Petitioner illegally extended, including arrears of salary and other service-related entitlements which would have been arisen out of confirmation of service in parity with other similarly situated employees as it has been granted in the case of WP(S)-3949 of 2020 (Ravishankar Mirrey Vs State of Chhattisgarh & Connected Matters), in furtherance of justice. 10.4 Any other relief/relief’s which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case with cost of the petition may also please be granted to the petitioner, in the interest of justice.” 2. Learned counsel for the petitioner would submit that petitioner was appointed on 01.02.2013, joined on the post of Lab Technician on 09.02.2013 and she worked till 30.03.2021. At the time when she was appointed on 09.02.2013, she was kept on probation for a period of two years, and subsequently, her probation period was extended for one more year, but there is no subsequent order with respect to extension of probation period. She worked there till 30.03.2021 as Lab Technician, and thereafter, she resigned to Wps 8631 of 2025 3 her post. It is further submitted that the other admissible benefits, as extended to other regular employees, have not been granted to the present petitioner, for which she has submitted a representation to the authorities on 06.05.2025, Annexure P8 but till date, her representation has not been considered. Therefore, the authorities may be directed to consider her representation dated 06.05.2025 in accordance with law. 3. On the other hand, learned State counsel though opposes the petition on merits, however, he would submit that he has no objection if such a direction is being made to the authorities to decide the representation submitted by the petitioner in accordance with law within stipulated time frame. 4. Heard learned counsel for the parties and perused the documents annexed with the petition. 5. Considering the submissions made by learned counsel for the parties, and the issue involved in the petition, respondent -2 is directed to take decision in accordance with law, and also applicable Rules, and Circulars of the Department, as early as possible. 6. Petitioner is directed to produce copy of this order before respondent-2 within two weeks from today. 7. With the aforesaid observation, present petition stands disposed of. Sd/- (Ravindra Kumar Agrawal) JUDGE padma