KIRAN RATHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant writ petition has been filed by the petitioner claiming the arrears of salary for the period from 1 st July, 2010 till 30/8/2016 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 Sec. 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 dtd. 19/1/2006 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 Sec. 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 2/8/2010 to 29/8/2016 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.