Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:4063
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 14196 of 2025 1 - Ravi Daou Deshmukh S/o Sevendra Singh Deshmukh, Aged About 40 Years Person With Disability, Through His Wife Smt. Yashoda Deshmukh W/o Ravi Daou Deshmukh, Aged About 40 Years, R/o Village- Borai, Post- Borai Nagpura, District Durg (C.G.)
... Petitioner(s) Versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 2 - Director, Directorate Of Public Instructions, Indravati Bhawan, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 3 - District Education Officer, Rajnandgaon, District Rajnandgaon (C.G.) 4 - Block Education Officer, Block Dongargarh, District Rajnandgaon (C.G.) 5 - Principal, Govt. Higher Secondary School, Kotitola, Block- Dongargarh, District Rajnandgaon (C.G.)
... Respondents For Petitioner : Mr. Mayank Chandrakar, Advocate For Respondents/State : Ms. Deeksha Gauraha, Dy. Government Advocate SB: Hon'ble Shri Parth Prateem Sahu, Judge
ORDER ON BOARD 23 /01/2026
1. The petitioner has filed this writ petition seeking following reliefs:-
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“10.1 That, this Hon'ble Court may kindly be pleased to issue a writ in the nature of mandamus directing the respondents to absorb the petitioner on a supernumerary post and release his monthly salary with all consequential benefits under Clause-4 of Memorandum No. F 16-2/2004/1/3 dated 01.10.2005, without requiring discharge of duties, till his superannuation or survival, whichever is earlier. 10. 2 That, this Hon'ble Court may kindly be pleased to direct the respondents to pay arrears of salary from 19.08.2015 till date, along with 12% interest per annum for the delay, within a time-bound period of three months. 10.3 That, this Hon'ble Court may kindly be pleased to quash any implied adverse action or inference against the petitioner due to his absence caused by disability and declare his service as continuous for all purposes. 10.4 That, this Hon'ble Court may kindly be pleased to award costs of the petition in favour of the petitioner. 10.5 That, the Hon'ble Court may kindly be pleased to grant any other relief, as it may deems fit and appropriate.”
2. Learned counsel for the petitioner submits that the petitioner while working on the post of Shiksha Karmi have suffered permanent disability due to brain stroke. Doctors have issued Disability Certificate mentioning 60% permanent disability suffered by the petitioner. Petitioner thereafter, submitted representation before the respondent authorities in light of the circular issued by the State Government dated 01.10.2005 for payment of salary till he attains the age of superannuation or till death of an employee. The representation till date has not been considered due to which, petitioner is suffering grave financial loss and therefore, direction be issued to the Respondent No. 3 to consider and take decision on the representation at the earliest within specified time. 3. On the other hand, learned counsel for the Respondents/State submits that as the petitioner had already submitted representation before the Respondent No. 3 in light of the circular dated 01.10.2005, it will be considered and decided in accordance with law. 3
4. I have heard learned counsel for the parties and also perused the documents placed on record. 5.
On due consideration on the submission of counsel for the parties, facts and circumstances of the case, nature of grievance raised petitioner, without entering into the merits of the claim of petitioner, this writ petition is disposed of directing the Respondent No. 3 to process the claim of the petitioner at the earliest and to take decision on the representation keeping in mind the circular dated 01.10.2005 in accordance with law expeditiously, preferably within a period of 03 months from the date of receipt of the order. 6. With the aforesaid observation and directions, this writ petition stands
disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY Date: 2026.01.29 11:44:20 +0530