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2026 DAILYLAW 16385 (CHH)

SANTOSH KUMAR ANDILYA v. STATE OF CHHATTISGARH

WPS/492/2026 · 2026-01-29

Shri Parth Prateem Sahu

body2026

Judgment text

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1 / 3 2026:CGHC:5131 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 492 of 2026 Santosh Kumar Andilya S/o Shri Punis Ram Aged About 50 Years R/o Village Dabripara, Devipur, Post Sarguja, District Sarguja C.G. ... Petitioner versus 1 - State Of Chhattisgarh Through Principal Secretary School Education, Mahanadi Bhawan, Atal Nagar, Mantralaya, New Raipur, District Raipur C.G. 2 - Director Public Instruction Indrawati Bhavan, Atal Nagar, Mantralaya, New Raipur, District Raipur C.G. 3 - Joint Director School Education, Ambikapur District Sarguja C.G. 4 - District Education Officer, District Surajpur C.G. ... Respondents For Petitioner : Mr. Parth Kumar Jha, Advocate For Respondent-State : Mrs. Anuja Sharma, Deputy Govt. Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order on Board 30/01/2026 1. Petitioner has filed this writ petition seeking following reliefs:- “10.1 That, this Hon’ble Court may kindly be pleased to allow the petition and direct the respondent authority to give benefit of circular of GAD-F-16-2/2004/1-3 dated ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.01.30 18:25:11 +0530 2 / 3 01.10.2005 and permit the petitioner to draw salary without performing govt. duty till he attain the age of superannuation, in the interest of justice.” 2. Learned counsel for petitioner submits that petitioner was appointed as Assistant Grade-II. During course of service he met with an accident and suffered 100% permanent disability. Petitioner thereafter submitted an application/representation on 11.03.2023 before the District Education Officer for seeking benefit under circular dated 01.10.2005. The representation submitted by petitioner before District Education Officer was forwarded to higher authorities and to Additional Director and it was further forwarded to the office of Respondent no. 1 on 15.03.2024, however, since then there is no further progress on the claim of petitioner. Petitioner is suffering with huge financial crises due to 100% permanent disability, and hence direction be issued to respondent authorities to finalize the claim of petitioner at the earliest. 3. Learned counsel for State submits that pursuant to the direction issued by this Court she has sought instructions and according to her instructions claim of petitioner is still pending consideration. She submits that as per her instructions the authorities will take decision on claim of petitioner at the earliest. 4. On due consideration of submission made by learned counsel for the respective parties in particular the decision is yet to be taken by concerned authority and therefore it will be in the interest of petitioner if this petition is disposed of directing respondent authorities to take decision on claim of petitioner within the specified time frame. Accordingly, this writ petition is disposed of at this stage, directing 3 / 3 respondent no. 1 and 2 to take decision on claim of petitioner in accordance with law, at the earliest within an outer limit of further four week’s from the date of production of order, keeping in mind the circular of the State Government dated 01.10.2005. 5. With the aforesaid observation and direction, this writ petition is disposed of. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge Alfiza