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2025:CGHC:13219
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1879 of 2025 1 - Hemsagar Nayak S/o Shri Khem Nidhi Nayak Aged About 36 Years R/o Village And Loharsingh Tahsil Pussore District - Raigarh (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary Department Of Technical Education Man Power And Planning Department Mahanadi Bhawan Nawa Raipur Atal Nagar District - Raipur (C.G.) 2 - The Director, Directorate Of Technical Education Indrawati Bhawan Nawa Raipur Atal Nagar District - Raipur (C.G.) 3 - The Principal, Kirodimal Govt. Polytechnic College Chakradhar Nagar, Raigarh (C.G.) ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Anumeh Shrivastava, Advocate For Respondents/ State : Ms. Nupur Trivedi, Panel Lawyer (HON’BLE SHRI JUSTICE BIBHU DATTA GURU)
Order on Board 20/03/2025
1. By the present writ petition, the petitioner is seeking a direction towards the Respondent authorities for early decision on the
2 / 3 representation dated 31/08/2024 submitted by the petitioner to the respondent authorities.
2. (i) Learned counsel appearing for the petitioner submits that earlier the petitioner had approached this Court by filing a writ petition bearing WPS No.5485/2016 and the said writ petition has been dismissed on 02/01/2017 alongwith other batch of writ petitions and subsequently, the order dated 02/01/2017 passed by this Court was challenged in a writ appeal bearing WA No.14/2017 which was allowed vide judgment dated 07/12/2018. The writ appeal was decided with a direction to regularize the services of the petitioners on the post being held by them and to complete the same within the stipulated period. He would further submit that the said order was challenged by the State Government in a Civil Appeal No.8097-8122/2024 before the Hon’ble Supreme Court and the said civil appeal has been decided on 22/08/2024 with the following observation at paras 3 and 4
“However, we clarify that the impugned judgments would be applicable oly to the parties who have approached the learned Single Judge of the High Court. Needless to state that the directions issued by the High Court would be complied with within a period of three months.” (ii) learned counsel for the petitioner further submits that though the representation dated 31/08/2024 submitted by the petitioner to the respondent authorities but the same has not been considered by the authorities till date.
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3.
Learned counsel appearing for the State would submit that if the representation dated 31/08/2024 submitted by the petitioner is still pending before the respondent authorities, the same shall be decided in accordance with law by verifying the grievance/ case of the petitioner, within the stipulated period.
4. I have learned counsel for the parties and perused the documents as well as the pleadings made by the petitioner.
5. From perusal of the pleadings, it appears that the representation submitted by the petitioner pursuance to the clarification/ direction given by the Hon’ble Supreme Court in Civil Appeal No.8097- 8122/2024 vide order dated 22/08/2024, is still pending before the respondent authorities and no steps have been taken till date.
6. In view of the above, the respondent No.1/ State is directed to take a decision on the pending representation submitted by the petitioner by examining each and every fact and keeping in mind the direction of the Division Bench of this Court as well as the clarification/direction given by the Hon’ble Supreme Court in the aforesaid civil appeal, within a period of 25 days from the date of receipt of a copy of this order.
7. With the aforesaid direction, this writ petition stands disposed of. Sd/- (BIBHU DATTA GURU)
JUDGE $. Bhilwar