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WA No. 93 of 2026

2026:CGHC:5196-DB

NAFR

RAHUL

JHA

Digitally signed HIGH COURT OF CHHATTISGARH AT BILASPUR

by RAHUL JHA

Date: 2026.01.30

17:40:28 +0530

WA No. 93 of 2026

Anita Morla W/o Devendra Jhadi Aged About 36 Years Staff Nurse, Eklavya

Adarsh Awasiya Vidhyala, Kate Kalyan ( Jawanga ) , R/o Kailash Nagar, Ward

No. 15, District Dantewada Chhattisgarh.

Appellant(s)

versus

1 - State Of Chhattisgarh Through Secretary, Schedule Caste And Schedule

Tribe Development Department Mantralaya Mahanadi Bhawan Naya Raipur

District Raipur Chhattisgarh.

2 - Director, Schedule Caste And Schedule Tribe Development Department ,

Indrawati Bhawan Naya Raipur District Raipur Chhattisgarh.

3 - Collector/ President, Zila Stariya Chhattisgarh, Aadim Jati, Kalyan

Aawasiya Avam Aashram Shaikshnik Samiti District South Bastar Dantewada

Chhattisgarh.

4 - Chief Medical And Health Officer , District South Bastar Dantewada

Chhattisgarh.

Respondent(s)

(Cause-title taken from Case Information System)

For Appellant(s) : Ms. Kusum Lalchandani, Advocate

For Respondent(s) : Mr. Shaleen Singh Baghel, Govt. Advocate

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WA No. 93 of 2026

Hon'ble Shri Ramesh Sinha, Chief Justice

Hon’ble Shri Bibhu Datta Guru, Judge

Order on Board

Per Bibhu Datta Guru, J

30/01/2026

1. The appellant has preferred I.A. No. 01/2026 for condonation of delay in

filing the present appeal.

2. Learned counsel for the appellant submits that the petitioner/appellant

was reinstated in service pursuant to the order passed by learned Single Judge

of this Court on 02.02.2024 in WPS No.4817 of 2018. Thereafter, a

departmental inquiry was initiated against her, which culminated in her being

exonerated and granted a clean chit vide order dated 28.07.2025. It is further

submitted that despite such exoneration, the petitioner/appellant was denied

back wages. Upon consulting her counsel, she preferred the present appeal

without any further delay. It is contended that the delay in filing the appeal is

bona fide, unintentional, and occasioned due to the aforesaid circumstances.

Accordingly, a prayer is made for condonation of the delay.

3. Upon due consideration of the submissions advanced and the reasons

assigned in the application, this Court is satisfied that sufficient cause has been

shown for condoning the delay in filing the present appeal. Consequently, I.A.

No. 01/2026 stands allowed and the delay of 635 days in filing the instant

appeal is hereby condoned.

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WA No. 93 of 2026

4. The present Writ Appeal, filed under Section 2(1) of the High Court of

Chhattisgarh (Appeal to Division Bench) Act, 2006, has been preferred by the

appellant seeking the following reliefs:

(i) Set-aside the impugned order dated 02/02/2024

(ANNEXURE A-1) passed by the Learned Single Bench in

W.P.(S) No. 4817/2018 to the extent of not entitled for any

back wages.

ii. Set-aside the impugned order dated 28/07/2025

(ANNEXURE A-2) to the extent of not entitled for any back

wages,

iii. Grant the Petitioner back wages with all the

Consequential benefits arising out of her post in the interest

of justice.

iv. Pass any other order/ orders as the Hon'ble court deems

fit and just into the facts and grounds of the case.

5. According to the appellant, she was appointed to the post of Staff Nurse

and was posted at Eklavya Adarsh Awasiya Kanya Vidyalaya, Katekalyan,

District South Bastar, Dantewada. It is her case that she discharged her duties

diligently and sincerely. Subsequently, a complaint was made against the

appellant questioning her qualifications (Diploma) for the post of Staff Nurse

and objecting to her appointment. The appellant contends that merely on the

basis of the said complaint, and without conducting any inquiry or affording

her an opportunity of hearing, her services were terminated. Aggrieved

thereby, the appellant immediately approached this Court by filing WPS No.

4817/2018 which has been allowed by the learned Single Judge vide order

dated 02.02.2024 and directed reinstatement of the appellant/petitioner.

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WA No. 93 of 2026

However, payment of back