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2026:CGHC:15790
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3020 of 2026 Sanjay Kumar Awasthi S/o Late Dr. Mahendra Kumar Awasthi Aged About 61 Years R/o Nutan Colony, Sarkanda Bilaspur, District Bilaspur Chhattisgarh
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, Nava Raipur, Atal Nagar, District Raipur Chhattisgarh 2 - The Director Directorate Of Ayush, Old Nurses Hostel, Near D K S Bhawan, Raipur, District Raipur Chhattisgarh 3 - The Principal Government Ayurvedic College, Bilaspur, District Bilaspur Chhattisgarh 4 - The District Ayurved Officer Bilaspur, District Bilaspur Chhattisgarh 5 - The District Ayurved Officer Janjgir-Champa, District Janjgir-Champa Chhattisgarh
... Respondents For Petitioner : Mr. Shantam Awasthi, Advocate For State : Mr. Ajay Kumrani, Panel Lawyer S.B.: Hon'ble Shri Parth Prateem Sahu, Judge
Order on Board 07.04.2026
1. Petitioner has filed this writ petition seeking following reliefs:- ALFIZA BAIG Digitally signed by ALFIZA BAIG Date: 2026.04.08 10:47:09 +0530
2 / 3 ‘10.1 Call for the entire records pertaining to the petitioner’s case from the possession of the respondents for its kind perusal. 10.2 Issue a writ in the nature of Certiorari for quashing the impugned order bearing no. 1884 dated 29.05.2020 (Annexure P/1) passed by the respondent no. 3 whereby the period of the petitioner’s medical absence was illegally declared as “Extraordinary Leave” and the penalty of censure was imposed. 10.3 Issue a writ in the nature of mandamus commanding and directing the respondent authorities to regularize the period from 26.08.2019 to 23.11.2019 as “ Commuted Leave” on medical grounds in accordance with Rule 30 of the Chhattisgarh Civil Services (Leave) Rules, 2010. 10.4 Issue a writ in the nature of mandamus directing the respondents to release all consequential benefits, including the withheld salary for the 90 days period along with a reasonable rate of interest, and to treat the said period as “duty” for all purposes including increments and pension. 10.5 Issue a direction to the respondents to expunge the entry of the penalty of “Censure” from the petitioner’s service book and character roll. 10.6 Grant any other relief(s) which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.”
2.
Learned Counsel for petitioner submits that petitioner was on leave from 26.08.2019 till 23.11.2019 due to some medical ailment for which petitioner has submitted application for aforementioned leave as medical leave, respondents instead of treating the period as mentioned above to be the medical leave, it has been treated as extraordinary
3 / 3 leave. Petitioner has submitted multiple representation for reconsideration of the grant of leave, and the last representation was submitted on 07.09.2025 which till date is pending consideration, therefore, direction be issued to Commissioner, Ayurved Yog for
consideration.
3.
Learned counsel for State submits that representation which is preferred by counsel for the petitioner as Annexure P-2 is not submitted to respondents who are arrayed as respondent in this writ petition. He further submits that if the submission of petitioner is that the pending representation be considered and decided he is having no objection to the limited prayer.
4. On due consideration of submission made by learned counsel for the petitioner, I find it appropriate to dispose of this writ petition at this stage, permitting petitioner to submit fresh comprehensive representation along with all supporting documents before respondent no. 2, and if such representation is submitted concerned authority shall consider and take decision on the same, in accordance with law expeditiously, preferably, within a further period of ‘three months’ from the date of receipt of Order. Certified copy as per rules. sd/- (Parth Prateem Sahu) Judge Alfiza