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The Commissioner vs Anil Kumar Mandalae
2025 Latest Caselaw 4405 Chatt

Citation : 2025 Latest Caselaw 4405 Chatt
Judgement Date : 12 September, 2025

Chattisgarh High Court

The Commissioner vs Anil Kumar Mandalae on 12 September, 2025

Author: Ramesh Sinha
Bench: Ramesh Sinha
                                                 2025:CGHC:46682-DB

                                                              NAFR
          HIGH COURT OF CHHATTISGARH AT BILASPUR

                           WA No. 640 of 2025

The Commissioner Municipal Corporation, Raipur, Dist. Raipur C.G.
                                                   ... Petitioner(s)

                                versus

1 - Anil Kumar Mandalae S/o Shri G.R. Mandale Aged About 37 Years
Fireman, Grade- Ii, Working Under The Office Of Municipal Corporation
Raipur, Presently On Deputation Under The Office Of Sdrf Home Guards
Raipur, District - Raipur (C.G.)

2 - Indrajeet Sahu S/o Shri Sakha Ram Sahu Aged About 41 Years
Fireman, Grade- Ii, Working Under The Office Of Municipal Corporation
Raipur, Presently On Deputation Under The Office Of Sdrf Home Guards
Raipur, District - Raipur (C.G.)

3 - Vajendra Kumar Gautam S/o Shri Jhumuk Lal Gautam Aged About 39
Years Fireman, Grade- Ii, Working Under The Office Of Municipal
Corporation Raipur, Presently On Deputation Under The Office Of Sdrf
Home Guards Raipur, District - Raipur (C.G.)

4 - Yogesh Jaiswal S/o Shri Brijmohan Jaiswal Aged About 38 Years
Fireman, Grade- Ii, Working Under The Office Of Municipal Corporation
Raipur, Presently On Deputation Under The Office Of Sdrf Home Guards
Raipur, District - Raipur (C.G.)

5 - Manoj Kumar Meshram S/o P.R. Meshram Aged About 45 Years
Fireman, Grade- Ii, Working Under The Office Of Municipal Corporation
Raipur, Presently On Deputation Under The Office Of Sdrf Home Guards
Raipur, District - Raipur (C.G.)

6 - Gulshan Kumar Jaiswal S/o Shri Rath Lal Jaiswal Aged About 36
Years Fireman, Grade- Ii, Working Under The Office Of Municipal
Corporation Raipur, Presently On Deputation Under The Office Of Sdrf
Home Guards Raipur, District - Raipur (C.G.)

7 - Mohammad Imran Khan S/o Shri Tahir Khan Aged About 36 Years
Fireman, Grade- Ii, Working Under The Office Of Municipal Corporation
Raipur, Presently On Deputation Under The Office Of Sdrf Home Guards
Raipur, District - Raipur (C.G.)
                                                                                                  Wa 640 of 2025

                                                        2



8 - Amit Kumar Thakur S/o Rikhi Ram Thakur Aged About 42 Years
Fireman, Grade- Ii, Working Under The Office Of Municipal Corporation
Raipur, Presently On Deputation Under The Office Of Sdrf Home Guards
Raipur, District - Raipur (C.G.)

9 - State Of Chhattisgarh Through The Secretary, Department Of Home
Police Affairs, Mantralaya, Mahanadi Bhawan Atal Nagar, Nava Raipur
District - Raipur (C.G.)

10 - The Director General Home Guards, C.G. Emergency Services And
State Disaster Response Force (Sdrf), Raipur District - Raipur (C.G.)
                                                         ...Respondent(s)
                      (Cause-title taken from Case Information System)
------------------------------------------------------------------------------------------------------------------
For Appellant                                          : None appears
For State                                              : Shri Sangharsh Pandey, GA
For Private Respondents                                : Shri Prakash Tiwari, Advocate

---------------------------------------------------------------------------------------------------------

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Justice Ravindra Kumar Agrawal Order on Board

Per Ramesh Sinha, Chief Justice 12.09.2025

1. Heard Shri Sangharsh Pandey, learned Government Advocate, and

Shri Prakash Tiwari, learned counsel for the Private respondents.

2. The present intra Court appeal has been filed by the appellant

against the order dated 08.05.2025, passed by the learned Single Judge

in WPS-3340 of 2025 (Anil Kumar Mandale and others Vs State of

Chhattisgarh and others), whereby the learned Single Judge has allowed

the writ petition filed by the writ petitioners therein.

3. It has been pointed out by the learned counsel appearing for the

parties that in some of the identical matters, this Bench has dismissed the Wa 640 of 2025

Writ Appeal No. 551 of 2025 (The Commissioner Municipal

Corporation, Raipur Vs Ajay Singh Thakur and others ), vide judgment

dated 05.08.2025 observing the following terms:-

"10. While passing the impugned order, learned Single

Judge held that taking into consideration the fact that the

State in its affidavit filed on 27.03.2025 )in the writ petition)

has declined to absorb the services of the respondents

No.1 to 12/writ petitioners with respondent No.14

department herein, respondent No.14 is directed to relieve

the respondents No.1 to 12/writ petitioners immediately

from the present place of posting to their parental

department. This exercise ;shall be completed by

respondent No.14 herein within a period of 20 days from

11.04.2025. Appellant herein is directed to extend all

benefits for which the respondents No.1 to 12/writ

petitioners are entitled which could not be extended on

account of deputation.

11. Considering the pleadings made in writ appeal,

submissions advanced by the learned counsel appearing

for theparties and also considering the findings recorded

bythelearned Single Judge while disposing off the writ

petition filed by the respondents No.1 to 12 / writ petitionrs,

we are of the considered opinion that the learned Single Wa 640 of 2025

Judge has not committee any illegality, irregularity or

jurisdictional error warranting interference bythis Court.

12. Accordingly, the present writ appeal being devoid of

merit is liable to be and is hereby dismissed."

They submitted that since the facts and issue involved in the present

case are identical to that of Writ Appeal No. 551/2025, this appeal may

also be disposed of in the same terms.

4. Having considered the rival submissions made by learned counsel

for the parties and having gone through the material on record, it is

evident that the facts and issue involved in this appeal are identical to

Writ Appeal No. 551/2025 decided on 05.08.2025, hence, this Court

deems it appropriate, not to take a view other than what has been taken

in the above mentioned appeal.

5. Since, this Court has already taken a view in the order dated

05.08.2025 passed in WA No. 551/2025, the present appeal is also

dismissed.

                                 Sd/-                                        Sd/-
                      (Ravindra Kumar Agrawal)                        (Ramesh Sinha)
                               Judge                                    Chief Justice




padma   Digitally signed by
        V PADMAVATHI
        Date: 2025.09.15
        18:02:03 +0530
 

 
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