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2026:CGHC:1400
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 164 of 2026 Smt. Moti Yadav W/o Shri Tej Kumar Yadav Aged About 42 Years R/o Village- Post- Salhetarai, Pithora, District : Mahasamund, Chhattisgarh
... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, School Education Department, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District : Raipur, Chhattisgarh 2 - Director Directorate Of Public Instructions, Indrawati Bhavan, Nava Raipur, Atal Nagar, District : Raipur, Chhattisgarh 3 - Divisional Joint Director Education Division Raipur, Integrated Education Complex, 1st Floor, Pension Bada, Raipur, Chhattisgarh 4 - District Education Officer Mahasamund, District : Mahasamund, Chhattisgarh 5 - Block Education Officer Pithora, District : Mahasamund, Chhattisgarh
... Respondent(s) For Petitioner : Mr. Jitendra Pali, Advocate For State : Mr. Vinay Pandey, Dy. Advocate General Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.01.13 10:28:59 +0530
2 / 4 S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board 09/01/2026
1. Petitioner has filed this writ petition seeking following reliefs :
“ i. To kindly direct the respondent authorities to permit the petitioner to join her duties on the post of Assistant Teacher (L.B.) at her place of posting and allow her to resume work and discharge her functions without any further hindrance. ii. To kindly direct the respondent authorities to consider and regularize the petitioner's leave strictly in accordance with the applicable Chhattisgarh Civil Services (Leave) Rules, 2010 (as amended), and the Fundamental Rules. iii, Any other relief/s may be granted to the petitioner, which this Hon'ble Court may deem fit in the present fact and circumstances of the case including the cost of the petition.
2.
Learned counsel for the petitioner submits that the petitioner is a Assistant Teacher working under the respondents. Petitioner submitted an application for grant of leave without pay before respondents No. 4 & 5 on 11.11.2022 for getting treatment of her daughter from
12.11.2022. However, no decision has been taken on her application. Petitioner looking to the condition of her daughter has proceeded on leave pending decision on her application. After availing leave, she went to school for joining on 11.11.2025, however, her joining was not accepted. Petitioner has made request to respondents No. 4 & 5 on
3 / 4 several occasions, however, her oral request was not considered nor any decision has been taken on her pending application.
3.
Learned counsel for the State submits that perusal of application submitted by petitioner on 11.11.2022 would show that no reason has been assigned for the leave. He however submiss that as of now he is not in a position to make submission as to whether any decision has been taken by the authority on petitioner’s leave application or not.
4. Be that as it may, in view of the ground taken in the application and submission of learned counsel for the parties, it is appearing that till date, no decision has been taken by the competent authority with respect to place of posting of petitioner or on leave application submitted by the petitioner vide Annexure P-4. Application does not mention the reason for grant of leave.
5. Before this Court, learned counsel for the petitioner made submission that petitioner had to take leave for purpose of getting her daughter treated in a good hospital and has also filed some medical certificates in prescribed form. No document is placed on record before this Court to show that these documents/certificate were submitted by petitioner along with proper application before the concerned authority and therefore in the opinion of this Court, I find it appropriate to dispose of this writ petition at this stage permitting the petitioner to submit fresh application raising all the facts as pleaded in this writ petition and to enclose all relevant documents before the concerned authority and if such application is submitted by the petitioner, concerned authority shall consider and pass order in accordance with law, expeditiously,
4 / 4 preferably within a further period of 3 weeks from the date of receipt of such application. It is ordered accordingly.
6. With the aforesaid observation and direction, writ petition stands
disposed off. Sd/-- (Parth Prateem Sahu) Judge Praveen