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2025 DAILYLAW 11076 (CHH)

SMT. POONAM SAHARAN v. EMPLOYEES STATE INSURANCE CORPORATION

WPC/1236/2025 · 2025-03-06

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:11021 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1236 of 2025 1 - Smt. Poonam Saharan W/o Shri Yashpal Saharan Aged About 51 Years R/o Quarter No. C-12, Garud Nagar, Sardar Vallabh Bhai Patel Nagar, Ward No. 6, Dipka, District Korba, Chhattisgarh ... Petitioner(s) versus 1 - Employees State Insurance Corporation Through Its Director General, Panchdeep Bhawan, Comrade Indrajeet Gupta (Cig) Marg, New Delhi - 110 002 2 - Regional Director Employees State Insurance Corporation Ltd., Regional OfÏce, 107, Ram Nagar Road, Kota, Raipur, Chhattisgarh (Appellate Authority) 3 - Assistant Director Employees State Insurance Corporation Ltd., Regional OfÏce, 107, Ram Nagar Road, Kota, Raipur, Chhattisgarh SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.03.07 17:14:38 +0530 2 4 - Recovery OfÏcer Employees State Insurance Corporation Ltd., Regional OfÏce, 107, Ram Nagar Road, Kota, Raipur, Chhattisgarh ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Ms. Shruti Yadav, Advocate appears on behalf of Shri Amrito Das, Advocate. For Respondent(s) : Shri Pranav Saksena, Advocate appears on behalf of Shri Pradeep Saksena, Advocate. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 06.03.2025 Heard. 1. By the present writ petition, the petitioner is seeking limited prayer for early disposal of the appeal pending before the appellate authority Annexure P-3 against the order dated 04.08.2022 passed by the Assistant Director/ Respondent No. 3. 2. Learned counsel for the petitioner submits that the appeal has been filed by the petitioner against the order passed by the Assistant Director under Section 45 AA of the Employees State Insurance Act, 1948. He further submits that he has annexed the copy of appeal as annexure P-7 and submits that the appeal has been filed before the appellate authority on 22.01.2024 but till date the same has not been decided. 3 3. Learned counsel for respondents No. 1 to 4 submits that if the petitioner approaches the authority by filing the memo of appeal Annexure P-7 the same shall be considered within stipulated time in accordance with law by treating the appeal as fresh appeal. 4. I have heard learned counsel for the parties and perused the documents. 5. Considering the submission made by respondent No. 1 to 4, if the petitioner approaches the Appellate authority with his appeal filed under Section 45 AA of the Employees State Insurance Act, 1948 , the same shall be considered as fresh appeal and be decided by the concerned respondent within a period of 30 days in accordance with law. 6. With the aforesaid observation, the petition stands disposed off. Sd/- (Bibhu Datta Guru) Judge Shoaib