NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P.(S) No. 1709 of 2009 Shyam Kunwar Singh, S/o Shri Babulal Singh, aged about 48 Years, R/o Village Jhimar Colliery, Manendragarh,, District : Koriya (Baikunthpur), Chhattisgarh. --- Petitioner Versus 1. The Principal Higher Secondary School, Jhagrakhand Colliery, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 2. The President / General Manager Singhai Collieries Education Society, Haseo Area, Tahsil Manendragarh, District Koriya Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 3. The Secretary / Personnel Manager Society, Hasdeo Area, Tahsi Manendragarh, District Koriya, Chhattisgarh., District : Koriya (Baikunthpur), Chhattisgarh 4. South Eastern Coalfields Limited Through The Chairman Cum Managing Director, Seepat Road, Bilaspur Chhattisgarh., District : Bilaspur, Chhattisgarh 5. The Primary School Jhimar Colliery Post Jhimar, Tahsil Kotma, District Anuppur (M.P.) Through The Head Master (Shri Sheshmani Sharma). --- Respondents Cause Title is taken from CIS system ___________________________________________________________________ For Petitioner : Shri Ashok Kumar Shukla, Advocate with Shri Vikash- Ghritlahre, Advocate. For Respondent No.4 : Shri Vinod Deshmukh, Advocate. For Respondent : None appeared for the other respondent. _________________________________________________________________________________________ Hon'ble Shri Justice Sachin Singh Rajput Order on Board 10 /06/2025 1. The petitioner has filed this instant writ petition seeking the following relief:- (A) This Hon'ble Court may graciously be pleased to issue a writ of certiorari/mandamus to quash the impugned order dated 16.01.2009 (Annexure P-12) ASHISH TIWARI Digitally signed by ASHISH TIWARI Date: 2025.06.17 10:07:40 +0530 -2- issued by the respondent No.4, reinstating the petitioner on his present post and place with full back salary, calling for the entire records pertaining to the case of the petitioner with full back salaries ; (B) That, a command/direction may kindly be issued to the respondents to pay the entire arrears of salaries to the petitioner due to him during the medical leave.; (C) Any other relief, as it may deem fit and proper in the facts and circumstances of the case along with cost of the petition. 2. Facts in short are the petitioner was initially appointed as Lower Division Teacher on ad-hoc basis by the Secretary, Singhai Collieries Education Society on 13.08.1986 and subsequently on 09.11.1987 his service was reqularized. As such on account of illness, the petitioner remained on leave several times, so on that count the respondent No.1 removed him from his office on 16.01.2009 for no express rhyme and reason. Moreover, the respondent No.1 is not competent authority to issue the termination order, therefore, the instant petition . 3. Learned Counsel for the petitioner submits that the impugned termination order passed by the respondent No.2 is without authority of jurisdiction and is liable to be set aside. 4. Learned counsel for the respondent No.4 submits that the identical issue has come up before this Court in case of (Deleted) Smt. Bittan & Ors. Vs.South Eastern Coalfields Ltd. & Ors. in W.P. No. 285/1996 and Ramavtar Gupta Vs. South Eastern Coalfields Limited & Ors. in WP No. 1675 /2001 this Court vide it’s order dated 09/06/2025 dismissed the writ petitions reserving liberty in favour of the petitioner therein to take recourse available to them under the Societies Act, 1960 against the respondent No.2/Society, if so advised. He further submits that as the issue involved in this writ petition has already been settled by this Court in WP 285/1996 and WP No. 1675 /2001, this writ petition deserves to be dismissed reserving liberty as pointed in that writ petitions. -3- 5. Learned counsel for the petitioner is not a position to dispute that the issue involve in the present writ petitions was also involved in WP No. 285/1996 and WP No. 1675/2001 and the same has been decided by this Court. 6. In light of the above, this writ petition is disposed of in terms of the order dated 09/06/2025 passed by this Court in WP No. 285/1996 and WP No. 1675/2001. However, a liberty reserved in favour of the petitioner to seek remedy available under the Cooperative Societies Act, 1960 against the respondent No. 2, 3 and 5, if so adviced. Sd/- Sd/- Sd/- (Sachin Singh Rajput) Judge Ashish