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2026 DAILYLAW 15398 (CHH)

SMT. MANJU YADAV v. STATE OF CHHATTISGARH

WPS/140/2026 · 2026-01-08

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:1367 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 140 of 2026 1 - Smt. Manju Yadav W/o Ravindra Kumar Aged About 34 Years Guest Teacher (Lecturer), Govt. High School, Kharipathra, Block Mainpur, District : Gariyabandh, Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 2 - Director Directorate Public Instructions, Indrawati Bhawan, Atal Nagar, Nava Raipur, District : Raipur, Chhattisgarh 3 - District Education Officer Gariyaband, District : Gariyabandh, Chhattisgarh 4 - Block Education Officer Mainpur, District : Gariyabandh, Chhattisgarh 5 - Principal Govt. Govt. High School, Kharipathra, Block Mainpur, District : Gariyabandh, Chhattisgarh ... Respondents For Petitioner : Mr. C.J.K. Rao, Advocate For Respondents/State : Mr. Aditya Tiwari, Panel Lawyer SB: Hon'ble Shri Parth Prateem Sahu, Judge ORDER ON BOARD 09/0 1/2026 1. The petitioner has filed this writ petition seeking following reliefs:- 2 “10.1 That, the Hon’ble Court may kindly be pleased to direct the respondents to grant maternity leave to the petitioner for 180 days and release the pay during the maternity leave. 10.2 That, this Hon’ble Court may kindly be pleased to grant any other relief as it may deem fit and appropriate. 10.3 Cost of the petition.” 2. Learned counsel for the petitioner submits that the petitioner is working as Guest Lecturer and is posted at Government Higher Secondary School, Kharipathra, Block – Mainpur, District – Gariyaband. Petitioner gave birth to a male child on 15.11.2025, however, prior to that, petitioner have submitted an application for grant of maternity leave before the Respondent No. 4 on 07.10.2025 which till date is pending consideration. He also contended that the petitioner is also entitled for the benefit of maternity leave in view of the circular dated 15.05.2024 issued by the Director, Directorate of Public Instructions and also, in view of the order dated 20.09.2018 passed by this Court in WP (S) No. 6190/2018 (Smt. Shweta Parmar Vs. State of Chhattisgarh & Ors.). He submits that though the representation dated 07.10.2025 is pending consideration before Respondent No. 4, however, the appropriate authority to consider the claim of the petitioner would be Respondent No. 3/District Education Officer and therefore, petitioner be permitted to submit a fresh representation before the Respondent No. 3 and he be directed to take decision on the representation at the earliest. 3. On the other hand, learned counsel for the Respondents/State submits that in view of the limited prayer made by counsel for the petitioner, he is having no objection. 4. I have heard learned counsel for the parties and perused the documents enclosed along with the writ petition. 3 5. On due consideration of the submission of counsel for the respective parties, facts and circumstances of the case, nature of grievance raised by the petitioner, this writ petition at this stage is disposed of permitting the petitioner to submit a fresh comprehensive representation enclosing all the relevant documents before the Respondent No. 3/District Education Officer and if such a representation is submitted, the Respondent No. 3 shall consider and take decision on the representation to be submitted in accordance with law, expeditiously, preferably within a further period of 03 weeks from the date of submission of representation. 6. With the aforesaid observation and direction, this writ petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Dey SHUBHAM DEY Digitally signed by SHUBHAM DEY Date: 2026.01.12 17:59:03 +0530