1 / 4 2025:CGHC:17957 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2686 of 2023 1 - Jitendra Kumar Das S/o Gopal Das Aged About 23 Years R/o Ward No. 05 Buddh Tola, Police Station And Post Ramanujganj, District Balrampur Ramanujganj Chhattisgarh. ... Petitioner(s) versus 1 - State of Chhattisgarh Through Secretary, School Education Department, Mahanadi Bhawan, Mantralaya, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 2 - Commissioner Tribal Welfare Chhattisgarh, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh. 3 - Collector (Education Department), Balrampur, District Balrampur Ramanujganj Chhattisgarh. ... Respondents (Cause title is taken from Case Information System) For Petitioner : Mr. Vikram Kumar Dixit, Advocate For Respondents/State : Mr. Soumitra Kesharwani, Panel Lawyer. (HON’BLE SHRI JUSTICE BIBHU DATTA GURU) Order on Board 21/04/2025 1. By the present writ petition, the petitioner is seeking a direction towards the respondents authorities to decide the pending AMARDEEP CHOUBEY Digitally signed by AMARDEEP CHOUBEY Date: 2025.04.21 17:51:40 +0530 2 / 4 representation Annexure P-1, by which, the petitioner is seeking salary for the period from October, 2015 to August, 2017. 2. At the outset, learned counsel for the State by referring the earlier litigation i.e. WPS No.4109/2020 filed by the writ petitioner submits that the said writ petition was disposed of on 15/10/2020 by this Court by giving liberty to the petitioner to make a representation before the appropriate authority for claim of seniority, however, refused to grant liberty to the petitioner for back wages part and despite the said fact, the petitioner has submitted a representation to the District Education Officer on 04/01/2020, who has not been impleaded as party/respondent, hence, the present writ petition itself is not maintainable on account of non joinder of necessary party and the petitioner cannot claim the salary for the period of October, 2015 to August, 2017 as the said relief has already been refused by this Court on 15/10/2020 in the earlier writ petition, however, the petitioner was directed to take legal course for the said. 3. I have heard learned counsel for the parties and perused the order dated 15/10/2020 passed in WPS No.4109/2020. The relevant part of the said order is quoted below:- “4. Perusal of the order of Commissioner dated 05.06.2018 (Annexure P-5) would show that the reinstatement of the petitioner was effected in year 2018. If the petitioner was not paid the back wages, it is for the petitioner to take the legal course and as of now, as on today, no liberty can be separately given to 3 / 4 give a fresh cause of action under the garb of the order of the High Court to claim for back wages. With respect to the seniority since the petitioner pray that his seniority may be considered, the petitioner shall be at liberty to make a representation before the respondent No.3 within a period of 3 weeks who in turn shall decide the same within a further period of 6 months.” 4. It appears from the order of this Court that as far as the back wages part is concerned, the coordinate Bench of this Court has not granted any liberty to the petitioner, whereas it was observed that it is for the petitioner to take the legal course, however, as far as seniority part is concerned, liberty was granted to the petitioner to make a fresh representation. 5. As in the present writ petition, the petitioner is seeking a direction towards the District Education Officer(D.E.O.) to decide the pending representation Annexure P-1, but the D.E.O. is not a party in the present writ petition, hence, the writ petition is disposed of with a liberty to the petitioner to make a fresh representation before the appropriate authority within a period of twenty days from today. In case of filing such representation for grant seniority, the Commissioner, Tribal Welfare/respondent No.2 to take a decision within a period of fifty days, in accordance with law and on its own merits. 6. With regard to back wages, while deciding the writ petition i.e. WPS No.4109/2020 dated 15/10/2020, the coordinate Bench has 4 / 4 already observed that it is for the petitioner to take the legal course for the same, hence, the petitioner may avail the remedy as may be available to him for back wages. 7. With the aforesaid observation and direction, the writ petition stands disposed of. SD/- (Bibhu Datta Guru) Judge Amardeep