ORDER :

1. The instant writ petition has been filed by the petitioner claiming the arrears of salary for the period from 1st July, 2010 till 30th August, 2016 which has not been paid to the petitioner and also claiming promotions which she was entitled to get along with all consequential service benefits including various allowances applicable to a judicial officer and encashment of earned leave which would have accumulated during the aforesaid period in lieu of Section 47 of The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995 (here-in-after referred to as PWD Act”).

2. The facts of the case, in brief, are that the petitioner joined the Chhattisgarh Lower Judicial Services on 18-1-2006, vide order dated 19.01.2006 was appointed as Civil Judge, Class II and posted as IIIrd Civil Judge, Class II, Raigarh. In the intervening night of 27/28-3-2010, the petitioner has suffered hypoxic brain damage due to shortage of oxygen supply to her brain during the cardiac arrest and since then she has become unconscious. This court directed the petitioner to appear before the Medical Board for physical examination. Thereafter, she was served with an invalidation order issued by the Principal Secretary, Department of Law and Legislative Affairs, Government of Chhattisgarh and her services were invalidated under Rule 18(2) (a) of the Chhattisgarh Civil Services (Leave) Rules 2010 (For short, “the Rules 2010) without any provision whatsoever for pensionary benefits, arrears of salary (back-wages), allowances and other service benefits etc., which the petitioner is lawfully entitled to get as per Section 47 of the PWD Act, 1995. Therefore, present writ petition has been filed claiming the benefits as mentioned in aforesaid paragraph.

3. Thereafter, the Full Court of this High Court has recommended to grant extraondinary leave for the period from 02.08.2010 to 29.08.2016 and in pursuance of the recommendation, respondent No. 1/ the Department of Law and Legislative Affairs, Government of Chhattisgarh passed an order on 27-7-2019 (Annexure P/6) sanctioning extraordinary leave from 2-8-2010 to 29-8-2016. These orders were assailed by the petitioner by filing the present writ petition under Article 226 of the Constitution of India.

4. Learned counsel for the petitioner would submit that the petitioner is 100% disabled and unconscious and this fact has been certified by the Medical Board, as such, she was declared unfit for employment. Invalidation of petitioner’s services and denial of service benefits including salary, promotion, increments amongst other things is discriminating her on the basis of her disability which is bad-in-law. He would further submit that the order dated 27-7-2019 whereby the period from 2-6-2010 to 29-8-2016 is treated as extraordinary leave, is bad-in-law as the said period has to be considered as period on duty. It has been further contended that the petitioner acquired 100% disability while being in service and acting as a judicial officer. Thus, as per the PWD Act 1995 she could not have been dispensed with, reduced in rank, till her superannuation i.e., on 30-4-2020. He would further submit that no order with regard to service can be passed once an employee is retired from the post. The effect of invalidation is superannuation wherein the person is eligible for invalidation pension. He would further submit that the respondents may be directed to grant all consequential service benefits including various allowances applicable to a judicial officer as also encashment of earned leave which would have accumulated during the period from July 2010 till 30-8-2016 and set aside the invalidation order dated 30-8-2016 (Annexure P/5) and the order dated 27-7-2019 (Anmnexure P/6).

5. The State has filed their return mainly contending that the services of the petitioner have been invalidated in terms of Rules 18(2)(a) of the Rules 2010 vide order dated 30-8-2016 in view of the re