[Cites 2, Cited by 0]
Chattisgarh High Court
Tamradhwaj Sahu vs State Of Chhattisgarh on 26 February, 2026
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPS No. 2086 of 2023
1 - Tamradhwaj Sahu S/o Shri Rannu Lal Sahu Aged About 40 Years
VISHAKHA
BEOHAR Earlier Posted As Assistant Teacher Panchayat, At Government Primary
Digitally
signed by
VISHAKHA
School Kamarpara, R/o Village Kandekela, Tahsil Mainpur District
BEOHAR
Gariyaband Chhattisgarh
... Petitioner(s)
versus
1 - State Of Chhattisgarh Through The Secretary, Department Of
Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan,
Naya Raipur, District Raipur Chhattisgarh
2 - Chief Executive Officer Janpad Panchayat Mainpur District
Gariyaband Chhattisgarh
3 - General Administration Committee Through Its President Smt.
Nurmati Manjhi Janpad Panchayat Mainpur District Gariyaband
Chhattisgarh
4 - Shiksha Samiti Through Its President Smt. Nand Kumari Rajput
Janpad Panchayat Mainpur District Gariyaband Chhattisgarh
... Respondents
(Cause-title taken from the Case Information System)
-----------------------------------------------------------------------------------------------
For Petitioner :- Mr. Ishaan Saluja, Advocate on behalf of Mr.
Mateen Siddiqui, Advocate
For State :- Mr. Ujjawal Choubey, P.L.
-----------------------------------------------------------------------------------------------
SB-Hon'ble Shri Justice Amitendra Kishore Prasad
Order on Board
26.02.2026
1. The petitioner has filed this Writ Petition seeking following reliefs:-
"10.1 That, this Hon'ble Court please to direct
the respondent CEO Janpad Panchayat Maipur,
General Administrative Committee & Shiksha
Samiti Mainpur to decided the representation of
the petitioner, in light of order Dated 05.07.2019
passed by the Hon'ble Division Bench in
W.A.No, 126/2016 (Sheikh Imamuddin Vs State
of C.G.& Ors).
10.2 grant any other writ(s), order(s), relief(s) in
favour of the petitioner, which the Hon'ble Court
deemed fit & just in the facts and circumstances
of the case, including award of the costs to the
petitioner.
10.3 to kindly be quash/set-aside the order dated
31.07.2019 passed by the Collector, Gariyaband
(Annexure P/4)
10.4 to kindly be quash/set-aside the order dated
02.02.2021 passed by the Commissioner, Raipur
Division (Annexure P/5)
10.5 to kindly be quash-set-aside the order
dated 02.02.2021 passed by the Special
Secretary, Directorate of Panchayat, Raipur
(Annexure P/6)"
2. At the outset, learned counsel for the parties submit that the issue
involved in the present writ petition stands squarely covered by
the judgment rendered by this Court in Writ Appeal No. 340/2021
(Rajesh Kumar Rajput vs. State of Chhattisgarh and others)
decided by this Hon'ble Court on 31.03.2024. It is jointly prayed
that the present writ petition may also be disposed of in terms of
the observations and findings recorded therein. The relevant
paragraphs of the said judgment are reproduced below:-
"5. As it stood, the order passed by the
Collector, Gariyaband on 28.2.2015
terminating the services of the Appellant from
the post of Shiksha Karmi Grade- III on
28.2.2015 is stigmatic in nature and
againstwhich, the Appellant did not prefer
appeal before the Commissioner right in time.
However, once the appeal of a similarly
situated employee, i.e., Writ Appeal No.126 of
2016 (Sheikh Imamuddin v. State of
Chhattisgarh & Ors.) was allowed by the
Division Bench on 5.7.2019, the Appellant had
moved before the Commissioner, Raipur
Division in an appeal which was dismissed by
the Commissioner on the ground of limitation
and it was upheld by the Special Secretary,
Directorate of Panchayat as well as by the
learned Single Judge.
6. Be that as it may, we are of the considered
opinion that since the case of a similarly
situated employee has already been allowed
by the Division Bench in afore-mentioned Writ
Appeal No.126 of 2016, the Order dated
12.8.2021 passed by learned Single Judge
affirming the Order dated 29.12.2020 passed
by the Special Secretary, Directorate of
Panchayat, Naya Raipur and the Order dated
31.7.2019 passed by the Commissioner,
Raipur Division, Raipur, all these orders are
hereby set-aside/quashed. The matter is
remitted back to the Commissioner, Raipur
Division, Raipur for hearing the appeal of the
Appellant on itsown merits in accordance with
law and deciding the same at the earliest,
preferably within a period of three months from
the date of receipt/presentation of certified
copy of this Order.
7. the Parties are directed to appear before
Commissioner, Raipur Division, Raipur on
15.4.2024.
8. Let a certified copy of this Order be
transmitted forthwith to the Commissioner,
Raipur Division, Raipur for information and
necessary action at the earliest.
9. With aforesaid observations, this Writ
Appeal is disposed of."
3. Since the grievance of the petitioner is identical to the one
considered in Writ Appeal No. 340/2021 (Rajesh Kumar Rajput
vs. State of Chhattisgarh and others) decided by this Hon'ble
Court on 31.03.2024, and the petitioner in the present case is also
seeking the same relief, the writ petition is accordingly disposed
of in terms of and in line with the aforesaid judgment.
No order as to cost(s).
Sd/-
(Amitendra Kishore Prasad)
Judge
Vishakha
