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2025 DAILYLAW 43709 (CHH)

BHOLA PRASAD GENDRE v. STATE OF CHHATTISGARH

WPS/8789/2022 · 2025-09-10

Shri Rakesh Mohan Pandey

body2025

Judgment text

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1 2025:CGHC:46638 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8789 of 2022  Bhola Prasad Gendre S/o Lahari Das Aged About 63 Years R/o Ward No. 20, Bharat Mata Chowk Kabirdham, District : Kawardha (Kabirdham), Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Its Secretary School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh 2. District Education Officer District Kabirdham, Chhattisgarh 3. Swami Swarupanand Saraswati Ji Government Higehr Sondary School Birkona Through Its Principal Block- Kawardha, District : Kawardha (Kabirdham), Chhattisgarh ... Respondent(s) For Petitioner : Mr. Abhyuday Tripathi, Advocate holding the brief of Mr. Mateen Siddiqui, Advocate For State : Ms. Shailja Shukla, Dy. Government Advocate Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 11. 09.2025 1. By way of this petition, the petitioner has sought the following relief(s):- “10.1 That this Hon’ble Court may kindly be pleased to direct the respondent authority for grant of payment of salary amount from 01.09.2020 to April, 2021, with all other consequential benefits of services along with interest. 10.2 To kindly grant any other writ/writs, order/orders, relief/reliefs in favour of the petitioner, which the Hon’ble Court deemed fit & just in the facts and circumstances of the case, including awarding of the costs to the petitioner.” SIDDHANT TAMRAKAR Digitally signed by SIDDHANT TAMRAKAR Date: 2025.09.16 19:12:35 +0530 2 2. Learned counsel for the petitioner would submit that the petitioner retired from the post of Lecturer (Political Science) on 31.08.2020. He further submits that the petitioner was re-appointed for one academic session by the Director, Public Instruction, Chhattisgarh, vide order dated 12.03.2021, for the period from 31.08.2020 to 30.04.2021. He also submits that the petitioner worked for eight months at Swami Swarupanand Saraswati Ji Government Higher Secondary School, Birkona, Block Kawardha, District Kabirdham, but the salary for that period has not yet been paid to the petitioner. He would pray for a direction to the respondent authorities to make payment of salary of eight months. 3. On the other hand, Ms. Shailja Shukla, Dy. Government Advocate would submit that the petitioner never took charge in the institution after retirement, and classes were not conducted on account of Covid-19 outburst, therefore, the claim of the petitioner has been denied and order Annexure R/3 dated 01.06.2022 was passed by the Director, Public Instruction, Chhattisgarh. 4. I have heard learned counsel for the parties and perused the documents placed on record. 5. The document, which has been placed on record by the petitioner today itself, would reveal that the petitioner joined the institution on 01.09.2020 pursuant to order dated 12.03.2021. Furthermore, time table of online classes, prepared by the Principal of the institution, shows that the petitioner conducted online classes. 6. Considering the documents placed on record by the petitioner, the respondent No. 2 is directed to re-consider the matter of the petitioner for grant of salary within a period of 60 days. The authority concerned shall provide sufficient opportunity of hearing to the petitioner. 3 7. With the aforesaid observation(s), and direction(s), the instant petition is hereby disposed of. Sd/- (Rakesh Mohan Pandey) Judge $iddhant