Vidya Bhushan vs State Of Chhattisgarh
2022 Latest Caselaw 4134 Chatt

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                                                                  NAFR
          HIGH COURT OF CHHATTISGARH, BILASPUR
                        MCC No. 305 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 Patre S/o Shri Punni Das Patre Aged About 33 Years

   Working As Asstt. Grade-Ii, In 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-Ii, School Education Department,

   Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh.

4. Kamlesh Khangar S/o Mukund Lal Dhangar Aged About 35 Years

   Working As Asstt. Grade-Ii, In 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-Ii, In Department Of Right To Information,

   Mahanadi Bhawan, Nava Raipur, District Raipur Chhattisgarh.

6. Manoj Kumar S/o Radhe Shyam Aged About 41 Years Working As

   Asstt. Grade-Ii, In Department Of Finance, Mahanadi Bhawan, Nava

   Raipur, District Raipur Chhattisgarh.

                                                         ---- Petitioners

                                Versus

1. State of Chhattisgarh Through Secretary Department Of General
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   Administration, D.K.S. Bhawan, Raipur Chhattisgarh.

2. Dy. Secretary, Department Of General Administrarion, Dks Bhawan,

   Raipur Chhattisgarh.

3. Chhattisgarh Madhymic Shiksha Mandal, Through - Secretary

   Chhattisgarh Madhyamic Shiksha Mandal, Raipur Chhattisgarh

   District - Raipur Chhattisgarh.

4. Vijay   Kumar   Sahu    S/o   Late      Shri   Tahalram   Sahu   General

   Administration Department, Section-4, Mantralaya, Nava Raipur

   Chhattisgarh.

5. Shri Shailendra Kumar Dewangan S/o Parasnath Dewangan Chief

   Minister Secretariat, Mantralaua, Nava Raipur Chhattisgarh.

6. Shri    Madhukant    Chaubey      S/o     Bholaram    Sharma     General

   Administration Department, Section2, Mantralaya, Nava Raipur

   Chhattisgarh.

7. Shri Kamlesh Kumar Dewangan S/o Khubiram Dewangarn, Private

   Secretary, Hon'ble Parliamentry Secretary - Shri Vinod Sevan

   Chandrakar, Mantralaya, Nava Raipur Chhattisgarh.

8. Shri Satish Singh Rajpur S/o Mahendrapal Singh Forest Department

   (Ifs Section), Mantralaya, Nava Raipur Chhattisgarh.

9. Shri Basant Singh Rajpur S/o C.P. Vaishnav Commercial Tax

   Department, Mantralaya, Naya Raipur Chhattisgarh.

10. Shri Kamlesh Kumar Sarathi S/o Shivkumar Sarathi General

   Administration Department, Section -8, Mantralaya, Nava Raipur
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     Chhattisgarh.

 11. Smt. Jisha Dilish W/o Late Shri Jaisingh Raghvan Public Health

     Engineering Department, Mantralaya, Nava Raipur Chhattisgarh.

 12. Smt. Sarita Sambharkar Rane W/o Uddav Rane Panchayat And Rural

     Development Department, Mantralaya, Nava Raipur Chhattisgarh.

 13. Smt. Sneha Yadav W/o Shiv 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 Respondent No. 3    : Mr. Yogendra Pandey, Advocate.

For Respondents No. 4 : Mr. Akhand Pratap Singh, Advocate. to 13 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, Mr. Yogendra Pandey,

learned counsel, appearing for the respondent No. 3, as well as Mr.

Akhand Pratap Singh, learned counsel, appearing for the respondents

No. 4 to 13.

2. This MCC is filed to restore WPS No. No. 887/2012, 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. 887/2012, which was listed as item No. 3 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