Chattisgarh High Court
Vidya Bhushan vs State Of Chhattisgarh on 30 June, 2022
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NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
MCC No. 304 of 2022
1. Vidya Bhushan S/o Shri Jhadu Ram Aged About 35 Years At Present
Working As Asstt. Grade-Ii, In Department Of General Administration,
Mahanadi Bhawan, Nava Raipur, District- Raipur, Chhattisgarh.
2. Shailendra Patel S/o Shri Punni Aged About 33 Years Working As
Asstt. Grade- Il, Department Of Mining, Mahanadi Bhawan Nava
Raipur, District- Raipur, Chhattisgarh.
3. Santosh Mahilange S/o Shri Ayodhya Prasad Mahilange Aged About
35 Years Working As Asstt. Grade- Il, School Education Department
Mahanadi Bhawan, Nava Raipur, District- Raipur, Chhattisgarh.
4. Kamlesh Dhangar S/o Mukund Lal Dhangar Aged About 35 Years
Working As Asstt. Grade- Il, Department Of Mining, Mahanadi
Bhawan, Nava Raipur, District- Raipur, Chhattisgarh.
5. Sanyogita Chandrakar D/o D.S. Chandrakar Aged About 38 Years
Working As Asstt. Grade- Il, Department Of Raight To Information,
Mahanadi Bhawan, Nava Raipur, District- Raipur, Chhattisgarh.
6. Manoj Kumar S/o Radhe Shyam Aged About 41 Years Working As
Asstt. Grade- Il, Department Of Finance, Mahanadi Bhawan, Nava
Raipur, District- Raipur, Chhattisgarh.
7. Shri Takeshwar Kanwar S/o Shri Sonun Ram Aged About 35 Years
Working As Asstt. Grade- Il, Mahanadi Bhawan, Nava Raipur, District-
Raipur, Chhattisgarh.
8. Smt. Bhuneshwari Dhruw W/o Shri B.R. Dhruw Aged About 33 Years
Working As Asstt. Grade- Il, Mahanadi Bhawan, Nava Raipur, District-
Raipur, Chhattisgarh.
9. Smt. Fulkunwar Lakra W/o Shri Rajdew Ram Lakra Aged About 44
Years Working As Asstt. Grade- Il, Mahanadi Bhawan, Nava Raipur,
District- Raipur, Chhattisgarh.
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10. Ku. Sudha Dhruw D/o Shri Gend Lal Dhruw Aged About 29 Years
Working As Asstt. Grade- Il, Mahanadi Bhawan, Nava Raipur, District-
Raipur, Chhattisgarh.
11. Shri Gautam Kumar Bansod S/o Shri Din Dayal Bansod Aged About
36 Years Working As Asstt. Grade- Il, Mahanadi Bhawan, Nava
Raipur, District- Raipur, Chhattisgarh.
12. Smt. Vimla Netam W/o Shri Jitendra Kumar Netam Aged About 38
Years Working As Asstt. Grade- Il, Mahanadi Bhawan, Nava Raipur,
District- Raipur, Chhattisgarh.
Petitioners
Versus
1. State Of Chhattisgarh Through Secretary Department Of General
Administration, Mahanadi Bhawan, Nava Raipur, Chhattisgarh.
2. Dy. Secretary Department Of General Administration, Mahanadi
Bhawan, Naya Raipur, Chhattisgarh.
3. Vijay Kumar Sahu S/o Late Shri Tahalram Sahu General
Administration Department, Section-4, Mantralaya, Nava Raipur,
Chhattisgarh.
4. Shri Shailendra Kumar Dewangan S/o Parasnath Dewangan Chief
Minister Secretariat, Mantralaya, Nava Raipur, Chhattisgarh.
5. Shri Madhukant Chaubey S/o Bholaram Sharma General
Administration Department, Section-2, Mantralaya, Nava Raipur,
Chhattisgarh.
6. Shri Kamlesh Kumar Dewangan S/o Khubiram Dewangan Private
Secretary, Hon'ble Parliamentry Secretary- Shri Vinod Sevan
Chandrakar, Mantralaya, Nava Raipur, Chhattisgarh.
7. Shri Satish Singh Rajpur S/o Mahendrapal Singh Forest Department
(Ifs Section), Mantralaya, Nava Raipur, Chhattisgarh.
8. Shri Basant Kumar Vaishnav S/o C.P. Vaishnav Commercial Tax
Department, Mantralaya, Nava Raipur, Chhattisgarh.
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9. Shri Kamlesh Kumar Sarathi S/o Shivkumar Sarathi General
Administration Department, Section-8, Mantralaya, Nava Raipur,
Chhattisgarh.
10. Smt. Jisha Dilish W/o Late Shri Jaisingh Raghvan Public Health
Engineering Department, Mantralaya, Nava Raipur, Chhattisgarh.
11. Smt. Sarita Sambharkar Rane W/o Uddhav Rane Panchayat And
Rural Development Department, Mantralaya, Nava Raipur,
Chhattisgarh.
12. Smt. Sneha Yadav W/o Shvi Kumar Yadav Labour Department,
General Administration Department, Section-4, Mantralaya, Nava
Raipur, Chhattisgarh.
---- Respondents
(Cause Title taken from Case Information System)
For Petitioners : Mr. Kishore Bhaduri, Senior Advocate assisted by
Mr. Vivek Verma, Advocate.
For Respondent No. 1 : Mr. Vikram Sharma, Deputy Government
and 2 Advocate.
For Respondents No. 3 : Mr. Akhand Pratap Singh, Advocate.
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Hon'ble Mr. Arup Kumar Goswami, Chief Justice
Hon'ble Mr. Rajendra Chandra Singh Samant, Judge
Order on Board
Per Arup Kumar Goswami, Chief Justice
30/06/2022
Heard Mr. Kishore Bhaduri, learned senior counsel, assisted by
Mr. Vivek Verma, learned counsel, appearing for the petitioners. Also
heard Mr. Vikram Sharma, learned Deputy Government Advocate,
appearing for the respondents No. 1 and 2 as well as Mr. Akhand Pratap
Singh, learned counsel, appearing for the respondents No. 3 to 12.
2. This MCC is filed to restore WPS No. No. 4190 of 2016, which
was dismissed for non-prosecution, by order dated 26.04.2022.
3. It was observed in the said order that as the petitioners had not
appeared on two occasions when the matter was called out, the Court
had no option but to dismiss the petition.
4. By filing this application, in essence, it is sought to be
contended that there was some error of judgment on the part of the
learned counsel in the sense that having regard to 78 cases in List-I, it
was felt that WPS No. 4190 of 2016, which was listed as item No. 2 in
List-II, would not be reached immediately after lunch at 2:15 pm.
5. After hearing the learned counsel for the parties, the order of
dismissal dated 26.04.2022 is recalled and the case is restored to file,
subject to deposit of cost of Rs. 5,000/- before the High Court Legal
Services Committee, within a period of 10 days from today.
6. Registry will list the case for hearing in List-II of the hearing list
commencing from 08.08.2022.
7. It is made clear that if the cost, as ordered, is not deposited
within the aforesaid period, the writ petition will stand dismissed in terms
of the order passed on 26.04.2022.
Sd/- Sd/-
(Arup Kumar Goswami) (Rajendra Chandra Singh Samant)
Chief Justice Judge
Amit
