1 2025:CGHC:4636 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 732 of 2025 • Ratan Singh Painkra S/o Maan Singh Painkra Aged About 41 Years Presently Posted As Lecturer At Government High School Bhaadi, Block Pendra, District Gourela-Pendra-Marwahi Chhattisgarh ... Petitioner(s) 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 Gourela-Pendra-Marwahi Chhattisgarh. 3. Principal Government High School Bhaadi Block Pendra, District Gpm Chhattisgarh ... Respondent(s) For Petitioner(s) : Ms. Diksha Gouraha, Advocate. For Respondent(s)/State : Ms. Poorva Tiwari, Panel Lawyer. Hon’ble Mr. Justice Amitendra Kishore Prasad Order on Board Digitally signed by RAGHVENDRA JAT 2 27/01/2025 1. By way of this petition, the petitioner has prayed for following reliefs:- “10.1 That this Hon'ble Court may kindly be pleased to direct the respondent authority to release the salary of the petitioner from 31.08.2023 to 09.03.2024 for which the petitioner has duly taken medical leave. 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.” 2. Brief facts of the case, is that, the petitioner is presently posted as Lecturer at Government High School Bhaadi, Block- Pendra, District-Gourela-Pendra-Marwahi. The petitioner has submitted application before the Principal, Government High School Bhaadi, Block-Pendra, District-Gourela-Pendra-Marwahi on 05.10.2023 that the petitioner was in casual leave from 31.08.2023 to 02.09.2023 due to some health issues and he is still not well, therefore, seeks medical leave from 04.09.2023 by submitting medical certificate, further he requested to grant leave from the aforesaid date. The same letter has been forwarded to the District Education Officer, District- GPM. On 30.11.2023 the petitioner has given his joining before the District Education Officer, District- GPM and the Principal, Government High School 3 Bhaadi, Block- Pendra, District- Gourela- Pendra-Marwahi by submitting a joining letter along with his medical certificate in which he has stated that the petitioner was in medical leave from 04.09.2023 to 29.11.2023 thus he is taking charge in his service on 30.11.2023. It is pertinent to mention here that, due to health issues the petitioner was not able to continue in his duty therefore he was again in medical leave from 11.12.2023 to 09.03.2024 subsequently, he has submitted a joining letter on 14.03.2024 before the Principal, Government High School Bhaadi, Block- Pendra, District- Gourela-Pendra-Marwahi along with the medical unfit certificate stating that the petitioner was advised to take rest due to health issues, therefore, he was in medical leave from 11.12.2023 to 09.03.2024 and took charge on 14.03.2024. Thereafter, the respondent District Education Officer, District- Gourela-Pendra-Marwahi has sent a letter on 14.03.2024 to the petitioner stating that the petitioner was on leave from 11.12.2023 to 09.03.2024 and he has not submitted application for medical leave before the concerned authority. Subsequently, the petitioner was instructed to give joining before the concerned authority. 3. Learned counsel for the petitioner submits that without there being any order or notice the salary of the petitioner has been withheld from the month of September, 2023 to the month of 4 February, 2024. 4. Learned counsel for the respondents submits that they will file appropriate reply and will seek instruction. According to her, the petitioner was on leave, however, his leave has not been sanctioned as such perhaps the salary has been withheld on this ground. However, she is not a position to submit that whether in the account of the petitioner any leave is available or not. 5. Considering the aforesaid aspect, at this stage, this petition itself disposed of directing the respondent authorities to disburse the salary of the petitioner from the month of September, 2023 to the month of February, 2024, if there is no impediment in disbursing the same. 6. The respondents are at liberty to take recourse of law in accordance with law in case exigencies arises. 7. The salary of the petitioner for the aforesaid period is directed to be given within a period of 45 days. SD/- (Amitendra Kishore Prasad) Judge Raghu Jat