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2026 DAILYLAW 25886 (CHH)

SMT. ARCHANA SURYAVANSHI v. STATE OF CHHATTISGARH

WPS/9341/2022 · 2026-07-08

Shri Rakesh Mohan Pandey

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Judgment text

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1 CGHC010424892022 2026:CGHC:28664 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9341 of 2022  Smt. Archana Suryavanshi W/o Shri Vijay Suryavanshi, R/o H.I.G. - 70, Housing Board Colony, District : Janjgir-Champa, Chhattisgarh ... Petitioner(s) versus 1. State Of Chhattisgarh Through Principal Secretary Law And Legislative Department, Mantralay , Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh 2. High Court Of Chhattisgarh Through Registrar General, Chhattisgarh High Court, District : Bilaspur, Chhattisgarh 3. Judge, Family Court Janjgir, District : Janjgir-Champa, Chhattisgarh ... Respondent(s) For Petitioner : Mr. Arvind Shrivastava, Senior Advocate assisted by Mr. Anumeh Shrivastava, Advocate For State : Mr. R.C.S. Deo, P.L For Respondents No. 2 and 3 : Mr. Abhijeet Mishra, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Judgment On Board 9.7.2026 2 1) By way of this petition, the petitioner has sought following reliefs:- 1. Issue an appropriate writ/order/direction setting aside the impugned order no. 270/Two-11-01/2021, dated 05.08.2022 (Annexure P/1) passed by Judge, Family Court Janjgir, District Janjgir-Champa (C.G.). and 2. To issue an appropriate order directing the Respondents to reinstate the petitioner in her service. 3. Costs of the petition. 4. Any other relief as deemed fit by this Hon'ble Court. 2) Facts of present case are that petitioner was appointed to the post of Peon in Family Court, Janjgir vide order dated 26.2.2010. Petitioner tendered her resignation on 17.11.2017 and thereafter she was directed to deposit three months’ advance salary vide order dated 23.12.2027. Petitioner complied with said order on 8.1.2018 and her resignation was accepted on 29.1.2018. Subsequently, petitioner made a representation before respondent No. 3 for withdrawal of resignation on 6.7.2022 which was rejected vide order dated 5.8.2022. 3) Mr. Arvind Shrivastava, learned Senior counsel appearing for the petitioner submits that petitioner was subjected to undue pressure and threat of departmental inquiry therefore she made a complaint against respondent No. 3. He further submits that petitioner was compelled to tender her resignation therefore her resignation cannot be termed as a ‘voluntarily tendered resignation’. He prays to allow this petition. 3 4) On the other hand, Mr. Abhishek Mishra, counsel for the respondents No. 2 and 3 submits petitioner tendered her resignation voluntarily on 17.11.2017 and thereafter she was directed to deposit three months’ advance salary. He further submits that petitioner deposited the amount without raising any objection and thereafter her resignation was accepted. He also submits that complaint (Annexure P/2) appears to be an afterthought since it does not contain any mark of receipt or date and this petition being misconceived is liable to be dismissed. 5) Heard. 6) Perusal of documents annexed along with the writ petition would show that petitioner who was working on the post of Peon under respondent No. 3 tendered her resignation on 17.11.2017 and her resignation was accepted on 29.1.2018. Subsequently, she made a representation seeking withdrawal of resignation citing ignorance and poverty and same was rejected vide order 5.8.2022. 7) It appears that after tendering the resignation, petitioner was directed to deposit three months’ advance salary vide order dated 23.12.2017 which was complied by petitioner without raising any objection. Petitioner has also placed a complaint letter ( Annexure P/2) which does not contain any mark of receipt or even date therefore such document cannot be relied upon. 4 8) In view of the foregoing discussion, in my opinion, petitioner tendered her resignation voluntarily and same was accepted by respondent No. 3 strictly in accordance with law therefore no case is made out for interference. Consequently, this writ petition fails and is hereby dismissed. No order as to cost(s). Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a Digitally signed by AJINKYA PANSARE Date: 2026.07.10 14:10:38 +0530