NAFR Digitaly RAGHVENDRAsigned by JAT RAGHVENDRA JAT HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2597 of 2023 Order Reserved on: 14.01.2026 Order Delivered on : 28.2.2026 • Smt. Shipra Mandal W/o Shri Ranjan Kumar Mandal Aged About

37 Years Resident Of P.V.-73, Pakhanjur, Post- Pakhanjur, Tehsil-

Pakhanjur, District : Kanker, Chhattisgarh.

... Petitioner(s)

versus

1. State Of Chhattisgarh Through The Department Of Panchayat And Rural Development, Mahanadi Bhawan, Mantralaya, New Raipur (C.G.).

2. The Commissioner Bastar Division, Jagdalpur, District :

Bastar(Jagdalpur), Chhattisgarh.

3. The Collector District - Narayanpur (C.G.).

4. Chief Executive Officer Janpad Panchayat (Wrongly Mentioned As Zila Panchayat), Office Orchha, District : Narayanpur, Chhattisgarh.

... Respondent(s)

Hon'ble Mr. Justice Amitendra Kishore Prasad C.A.V. Order

1. The present petition is directed against the order dated

28.02.2023 (Annexure P/1), whereby the appeal preferred by the petitioner has been dismissed, without appreciating the illegality and arbitrariness committed by respondent Nos. 3 and 4, and in gross violation of the principles of natural justice, hence, this writ petition is preferred seeking following reliefs :

“10.1 This Hon'ble Court may kindly be pleased to call the entire records of subject matter of the present case, from the respondents.

10.2 This Hon'ble Court may kindly be pleased to quash/set- aside the impugned order dated 28.02.2023 passed by respondent no. 2 (Annexure P/1) and further be pleased to direct the respondent authorities allow the petitioner to resume her duties on the post of Shikshakarmi.

10.3 Any other relief/order which may deem fit and just in the facts and circumstances of the case including award of the costs of the petition may be given.”

2. Facts of the case, as canvased, are that the petitioner was initially appointed to the post of Shikshakarmi Grade-III by the Chief Executive Officer, Janpad Panchayat, Narayanpur, vide appointment order dated 16.06.2010. A perusal of the appointment order clearly reveals that the service conditions of the petitioner are governed by the provisions of the Chhattisgarh Panchayat Shikshakarmi (Recruitment & Conditions of Service) Rules, 2007 (hereinafter referred to as “Rules, 2007”). Subsequently, in the year 2013, the services of the petitioner were regularized, and she was appointed as Assistant Teacher (Panchayat) and posted at Primary School, Gumiyabeda, District Narayanpur. It is submitted that unfortunately, in the year 2014, the petitioner suffered from a serious and prolonged illness, which continued intermittently till the year 2019. Owing to her deteriorating health condition, she was compelled to remain under continuous medical treatment and was unable to attend her duties during the said period. The petitioner was regularly examined and treated by the Medical Officer, Community Health Centre, Bhopalpattnam, District Bijapur. A perusal of the said certificates clearly establishes their authenticity and the genuineness of the petitioner’s illness. For the first time, a show cause notice dated 11.06.2018 was issued to the petitioner. Due to her serious health condition, she could not submit a reply within the stipulated time. However, upon improvement in her health, the petitioner submitted a detailed reply on 29.07.2019, enclosing all relevant medical certificates covering the period from 2014 to 2019. In her reply, the petitioner specifically explained that she had remained absent from duties w.e.f. 16.06.2014 solely on account of her medical condition and further assured the authorities that her health had improved and she was willing and able to rejoin her duties. Thereafter, vide letter dated 17.12.2020, the Block Education Officer called upon the petitioner to submit a further explanation along with a medical certificate issued by a Medical Board. From the said communication, it is evident that the Block Education Officer was not satisfied with the reply already subm