Citation : 2025 Latest Caselaw 3526 Chatt
Judgement Date : 7 April, 2025
1
2025:CGHC:16105
NAFR
Digitally
signed by
HIGH COURT OF CHHATTISGARH AT BILASPUR
SHOAIB
SHOAIB ANWAR
ANWAR Date:
2025.04.07
23:41:33
+0530
CONT No. 488 of 2025
1 - Prem Shankar Bhoi S/o Late Shri Chandramani Bhoi Aged About 48
Years Working As Head Master Govt. Primary School Dighepur Block -
Pithoura District - Mahasamund (C.G.)
2 - Chitrasen Gwal S/o Markand Gwal Aged About 51 Years Posted And
Working As Head Master At Govt. Primary School Tala Block - Pithoura
District - Mahasamund (C.G.)
3 - Sanjay Pradhan S/o Late Tulsi Pradhan Aged About 55 Years Posted
And Working As Assistant Teacher L.B. At Govt. Primary School Lalmati
Block - Pithoura District -Mahasamund (C.G.)
4 - Bhojraj Pradhan S/o Kamdar Pradhan Aged About 54 Years Posted
And Working As Head Master Govt. Primary School Mohgaon Block -
Pithoura District - Mahasamund (C.G.)
5 - Manohar Sahu S/o Shri Roopdhar Aged About 49 Years Posted And
2
Working As Head Master At Govt. Primary School Bamhani Block -
Pithoura District - Mahasamund (C.G.)
6 - Vishwamitra Behra S/o Shri Naringh Behra Aged About 58 Years
Posted And Working As Assistant Teacher L.B. Govt. Primary School
Dijepur, Block - Pithoura District - Mahasamund (C.G.)
7 - Rakesh Pradhan S/o Shri Vikram Pradhan Aged About 45 Years
Posted And Working As Assistant Teacher (L.B.) Govt. Primary School
Utekel Block - Pithoura District - Mahasamund (C.G.)
8 - Smt.Mandakani Pradhan W/o Brajkishore Pradhan Aged About 49
Years Posted And Working As Assistant Teacher (L.B.) Govt. Primary
School Sankara (Jonk) Block - Pithoura District - Mahasamund (C.G.)
9 - Jujeshty Sagar S/o Amar Singh Sagar Aged About 57 Years Posted
And Working As Head Master Govt. Primary School Remda Tukda Block
- Pithoura District - Mahasamund (C.G.)
... Petitioner(s)
versus
1 - Shri Siddharth Kamal Pardesi Secretary School Education
Department Mahanadi Bhawan Atal Nagar Nawa Raipur District - Raipur
(C.G)
3
2 - Smt. Nikharika Barik Singh, Secretary Panchayat And Rural
Development Department Mahanadi Bhawan Atal Nagar Nawa Raipur
District - Raipur (C.G.)
3 - Divya Umesh Mishra, Director, Directorate Of Public Instruction
Indrawati Bhawan Atal Nagar Naya Raipur (C.G.)
4 - Priyanka Rishi Mahobiya, Commissioner Cum Director Directorate Of
Panchayat Atal Nagar Naya Raipur District - Raipur (C.G.)
5 - Shri Mohan Sawant, District Education Officer Mahasamund District -
Mahasamund (C.G.)
6 - Shri Chandraprakash Manhar, Chief Executive Officer Janpad
Panchayat Pithoura District - Mahasamund (C.G.)
7 - Kamlesh Kumar Thakur, Block Education Officer Block Pithoura
District - Mahasamund (C.G.)
... Respondent(s)
For Petitioner(s) : Shri Pramod Ramteke, Advocate.
Hon'ble Shri Bibhu Datta Guru, Judge Order on Board 07.04.2025
1. By the present contempt petition, the petitioners submit that by
(Annexure C/1) while deciding the writ petition WPS No. 6204/2024,
dated 15.10.2024, the writ petition was disposed of with the
following observation:-
"6. Be that as it may, looking to the limited prayer made by learned counsel for petitioners, this petition at this stage is disposed of permitting the petitioners to make representation raising all grounds as raised in this writ petition to competent authority annexing all relevant documents and judgment of this Court passed in W.A. No. 261of 2023. On such representation being made, it is expected that the competent authority shall consider the same in accordance with law considering the circular(s) issued in this regard, in light of judgment of this Court in W.A. No.261 of 2023 within further period of 04 months from the date of receipt of such representation. It is made clear that this Court has not expressed any opinion on merits of this case, it is for the competent authority to consider the claim of petitioner on its own merits".
2. However, the petitioners apprise the competent authority on
28.10.2024, but till date, the order of this Court in WPS No.
6204/2024 is not being complied with.
3. I have perused the order of this Court as well as the representation
submitted by the petitioner.
4. It appears from the order in WPS No. 6204/2024, that no direction
was given to the competent authority to decide the representation,
whereas, it was expected by the Court that the competent authority
shall consider the same in accordance with law. Considering the
circulars issued in this regard in the light of the judgment of this
Court in Writ Appeal No. 261/2023 within a further period of
months. Hence, at this stage, it cannot be said that the respondents
are violating the order of this Court in WPS No. 6204/2024, hence
the petitioners are at liberty to apprise the competent authority
about the order of this court by reminding them about the
observation in WPS No. 6204/2024 vide order dated 15.10.2024.
5. With the aforesaid liberty, the contempt case is disposed of.
Sd/-
(Bibhu Datta Guru) Judge
Shoaib
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