Laxminarayan Sahu vs Smt. Niharika Barik
2025 Latest Caselaw 3527 Chatt

Chattisgarh High Court

Laxminarayan Sahu vs Smt. Niharika Barik on 7 April, 2025

                                                           1




                                                                             2025:CGHC:16104
                                                                                          NAFR

                                HIGH COURT OF CHHATTISGARH AT BILASPUR
         Digitally
         signed by
         SHOAIB
SHOAIB
ANWAR
         ANWAR
         Date:
         2025.04.07
                                               CONT No. 486 of 2025
         23:41:35
         +0530




                      1 - Laxminarayan Sahu S/o Prit Ram Sahu Aged About 53 Years

                      Presently Working As Head Master (Primary School) At Govt. Primary

                      School, Ulatpara, Block Chhura, District Gariyaband Chhattisgarh.

                                                                                  ... Petitioner(s)



                                                        versus



                      1 - Smt. Niharika Barik Presently Posted As Secretary, Department Of

                      Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal

                      Nagar, Nawa Raipur, District Raipur Chhattisgarh.



                      2 - Miss Divya Umesh Mishra Presently Posted As Director, Directorate

                      Of Public Instructions, Indravati Bhawan, Atal Nagar, Nawa Raipur,

                      District Raipur Chhattisgarh.

                                                                                 ... Respondent(s)

(Cause title taken from CIS)

For Petitioner(s) : Shri Govind Prasad Dewangan, Advocate.

Hon'ble Shri Bibhu Datta Guru, Judge Order on Board 07.04.2025

1. By the present contempt petition, the petitioner submits that by

(Annexure C/1) while deciding the writ petition WPS No. 6744/2024,

dated 21.10.2024, 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 respondents No. 2 & 3/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 respondents No.2 & 3/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 respondents No. 2 & 3 to consider the claim of petitioner on its own merits".

2. However, the petitioner apprise the respondents on 14.11.2024, but

till date the order of this Court in WPS No. 6744/2024 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. 6744/2024, that no direction

was given to the respondent to decide the representation, whereas,

it was expected by the Court that the respondent no. 2 & 3 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. 6744/2024, hence the petitioner is at

liberty to apprise the respondents about the order of this court by

reminding them about the observation in WPS No. 6744/2024 vide

order dated 21.10.2024.

5. With the aforesaid liberty, the contempt case is disposed of.

Sd/-

(Bibhu Datta Guru) Judge

Shoaib