2026:CGHC:755 Digitally NAFR ABHIGYA signed by SAXENA ABHIGYA SAXENA HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 9359 of 2023

1 - Veenu Chaudhary (Died And Deleted) As Per Court Order Dated 15- 10-2025, Through Lrs- 1.1 - Smt. Shobhana Choudharie W/o Late Veenu Chaudhary Aged About 72 Years R/o Mission Compound Mungeli, Tehsil And Distt. Mungeli, Chhattisgarh. 1.2 - Sheeba Choudharie D/o Late Veenu Chaudhary Aged About 45 Years R/o Mission Compound Mungeli, Tehsil And Distt. Mungeli, Chhattisgarh.

1.3 - Smt. Shilpa Persson D/o Late Veenu Chaudhary Aged About 41 Years R/o Mission Compound Mungeli, Tehsil And Distt. Mungeli, Chhattisgarh.

1.4 - Abhishek Choudhary S/o Late Veenu Chaudhary Aged About 39 Years R/o Mission Compound Mungeli, Tehsil And Distt. Mungeli, Chhattisgarh.

... Petitioner(s)

versus

1 - The State Of Chhattisgarh Through The Secretary, Department Of Education Mahanadi Bhawan, Nava Raipur Atal Nagar, Chhattisgarh

492002.

2 - District Education Officer Mungeli, District : Mungeli, Chhattisgarh ... Respondent(s)

For Petitioner(s) : Mr. Shalvik Tiwari, Advocate For Respondent(s) : Mr. Devesh G. Kela, Panel Lawyer Hon’ble Mr. Justice Amitendra Kishore Prasad

Order on Board

06.01.2026

1. This petition has been filed by the petitioner seeking for the following relief:-

“10.1. The Hon'ble Court may call for records from the respondents pertaining to the case of the petitioner.

10.2. The Hon'ble Court may kindly be pleased to issue an appropriate writ or direction and quash the order dated 17/04/2023 (Annexure P/5) to the extent that the period of absence from duty has been ordered as "no work no pay".

10.3. The Hon'ble Court may issue an appropriate writ or direction to the respondent authorities to grant wages to the petitioner for the period of absence from 06/01/1984 to 17/10/2006 and thereafter calculate the Pension and other retiral benefits payable to the petitioner.

10.4. The Hon'ble Court may grant cost of petition to the Petitioner.

10.5. The Hon'ble Court may grant any other relief as this Hon'ble Court may deem fit and proper in the nature and circumstances of the present case in the interest of justice.”

2. Facts of the case :- the petitioner assails the order dated

17.04.2023 passed by Respondent No. 2, the District Education Officer, whereby the period of the petitioner’s absence from 06.01.1984 to 17.10.2006 has been treated as “no work no pay” and the respondent authorities have consequently directed computation of pensionary benefits on that basis. It is submitted that the impugned order has been passed in complete disregard of the binding judgments of this Hon’ble Court, inasmuch as the order of the respondents declaring the said period as “dies non” had already been set aside by this Hon’ble Court in WPS No. 2238/2016, and thereafter the Hon’ble Division Bench, in Writ Appeal No. 270/2022, further quashed the disciplinary proceedings initiated against the petitioner. In view of the aforesaid judicial pronouncements, the petitioner became entitled to continuity of service and consequential benefits, including payment of salary for the period of absence from 06.01.1984 to 17.10.2006; however, despite the clear legal position, the respondent authorities have once again declared the said period as “no work no pay,” which is ex facie arbitrary, contrary to the applicable service rules, and in patent violation of the judgments rendered by this Hon’ble Court, thereby necessitating the filing of the present petition.

3. Learned counsel for the petitioner submits that the impugned action of the respondent authorities in treating the period of the petitioner’s absence as “no work no pay” is ex-facie illegal, arbitrary, and unsustainable in law, inasmuch as a prolonged absence occasioned on account of genuine health issues cannot be equated with wilful or unauthorized absence from duty. It is contended that, in the present case, the petitioner’s leave was duly sanctioned by the competent authority after due consideration of t