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2025 DAILYLAW 12422 (CHH)

SOHAN DAS MAHANT v. STATE OF CHHATTISGARH

WPS/1923/2025 · 2025-03-21

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:13536 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1923 of 2025 1 - Sohan Das Mahant S/o Shri Thakur Singh Aged About 63 Years R/o Village Bandora, Tahsil And Police Station Malkharaoda, District- Janjgir-Champa/sakti (C.G.) ... Petitioner(s) versus 1 - State of Chhattisgarh Through The Secretary, Department Of Panchayat, Mantralaya, Mahanadi Bhavan New Raipur (C.G.) 2 - The Director Panchyat Directorate, Chhattisgarh Sector-19, North Block, Vikash Bhavan Ground Floor, New Raipur Atal Nagar, Raipur (C.G.) 3 - The Deputy Director District Panchayat District- Janjgir Champa (C.G.) 4 - The Chief Executive Officer District Panchayat Janjgir-Champa District- Janjgir Champa (C.G.) ... Respondent(s) For Petitioner(s) : Mr. Avadhesh Mishra, Advocate. For Respondents/State : Mr. Soumitra Kesharwani, Panel Lawyer. AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.03.26 17:08:55 +0530 2 Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 21/03/2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondents to provide monetary service benefit along with back wages to the petitioner from the date of his removal. 2. Learned counsel for the petitioner would submit that on the basis of earlier writ petition vide order dated 10/01/2024 passed in WPS No.10527/2019, the representation of the petitioner has been decided on 05/11/2024 by the C.E.O. Zila Panchayat, Janjgir-Champa wherein it has been specifically mentioned that vide communication dated 14/05/2024, the Zila Panchayat has requested the Director, Panchayat for permission to make payment of the monetary benefit along with arrears and raise a demand for the same, however, till date, the same has not been released to the petitioner. 3. Learned counsel for the State/respondents would submit that the order itself is very clear that the Zila Panchayat has already proceeded and initiated the steps for redressal of the grievance of the petitioner by seeking grant and sanction from the Joint Director vide communication dated 14/05/2024, but the petitioner without waiting for the outcome of the same, preferred the present writ petition seeking the same relief, hence, the petition is premature and at this stage, the same is 3 not maintainable. 4. I have heard learned counsel for the parties and perused the pleadings and documents. 5. On perusal of order dated 05/11/2024, by which, the C.E.O., Zila Panchayat, Janjgir-Champa has decided the representation observing that for the arrears and the monetary benefit, the Zila Panchayat has already sent a letter to the Director, Panchayat for sanction & permission and by calculating the arrears, has also raised a demand from the Director, Panchayat, hence, at this stage, the writ petition filed by the petitioner is premature. 6. Accordingly, the writ petition is dismissed at this stage. However, liberty is reserved for the petitioner to approach this Court at an appropriate stage. SD/- (Bibhu Datta Guru) Judge Amardeep