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2026 DAILYLAW 16210 (CHH)

SUSHIL KUMAR SAHU v. STATE OF CHHATTISGARH

WPS/10342/2025 · 2026-01-30

Shri Parth Prateem Sahu

body2026

Judgment text

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1 2026:CGHC:5433 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 10342 of 2025 1 - Sushil Kumar Sahu S/o Jageshwar Ram Sahu Aged About 35 Years Working As Teacher (E-Cadre) At Government Middle School, Parsada, Block Paton, Distt. Durg (C.G.) --- Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of School Education, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 2 - The Director Directorate Of Public Instruction Indravati Bhawan, Atal Nagar, Nawa Raipur, District- Raipur (C.G.) 3 - The Joint Director Education Division Distt. Durg (C.G.) 4 - The Collector Durg Distt. Durg (C.G.) 5 - The District Education Officer Durg Distt. Durg (C.G.) 6 - The Block Education Officer Block- Patan, District- Patan (C.G.) --- Respondent(s) (Cause title is taken from CIS system) For Petitioner : Mr. R.K. Verma, Advocate For Respondents/State : Mr. Khulesh Sahu, P.L. Hon'ble Shri Justice Parth Prateem Sahu Order On Board 31/01/2026 1. Petitioner has filed this petition seeking following relief (s):- “10.1 That this Hon'ble Court may kindly be pleased to pass an appropriate order or issue writ and direct the respondents to release the salary and all consequential service benefits of the petitioner for the period BALRAM PRASAD DEWANGAN Digitally signed by BALRAM PRASAD DEWANGAN Date: 2026.02.02 18:23:45 +0530 2 21.04.2023 to 05.10.2023, treating the said period as duty period, in the interest of justice. 10.2 That, this Hon’ble Court may kindly be pleased to pass an appropriate order or issue writ and direct the respondents to also pay interest @ 9% per annum (or any rate deemed fit by this Hon’ble Court) on the delayed payment of salary for the said period till the date of actual disbursement, in the interest of justice. 10.3 This Hon’ble Court may further be pleased to pass an appropriate order or issue writ as deemed fit under the facts and circumstances of the case” 2. Learned counsel for petitioner submits that petitioner was earlier appointed on the post of Teacher (E-Cadre) of English subject vide order dated 24.08.2021. Based on some wrong facts, respondent No.3 has dismissed petitioner from services on the ground that petitioner on the date of his appointment/submission of application form was not possessing requisite qualification of TET. After submission of documents etc. and respondents department realizing their mistake had reinstated petitioner observing that dismissal of petitioner from service was erroneous. Order of reinstatement is dated 04.10.2023 and since then petitioner is working on his place of posting. Petitioner has submitted an application for grant of wages for the period, petitioner due to mistake of respondents authorities remained out of service, however, till date no decision has been taken. He contended that as petitioner was dismissed from service due to wrong decision, which was accepted by respondents authorities, therefore, petitioner is entitled for back wages from the date of dismissal till reinstatement. Petitioner has submitted representation, which till date is not considered and decided, therefore, direction be issued to respondent 3 No.3 to take decision on the representation submitted by petitioner at the earliest within specified time frame. 3. Learned State counsel submits that in view of the limited prayer made by learned counsel for petitioner, he is having no objection. 4. On due consideration on the submission of learned counsel for respective parties, nature of grievance raised, without entering into merits of the case this writ petition at this stage is disposed of with a direction to respondent No.3 to consider and take decision on the representation submitted by petitioner on 15.01.2025 in accordance with law expeditiously preferably within further period of two months from the date of receipt of representation. Petitioner would be at liberty to submit fresh comprehensive representation along with supporting documents and if such representation is submitted, it shall also be considered and decided as observed above. It is ordered accordingly... 5. With the aforesaid observations and directions, this petition stands disposed of. Sd/- (Parth Prateem Sahu) Judge Balram