1 2025:CGHC:22251 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR W.P(S) No.3812 of 2025 Kunti Bai Paikra W/o Late Ramlal Paikra Aged About 44 Years R/o Village Birgahani Post Chakora PS And Tahsil Ratanpur District Bilaspur (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Women And Child Welfare Department, Mahanadi Bhavan, Mantralaya, Atal Nagar, Nawa Raipur, Distt. Raipur (C.G.) 2 - Commissioner Bilaspur Division District Bilaspur (C.G.) 3 - Collector Bilaspur C.G. District Bilaspur, Chhattisgarh 4 - Chief Executive Officer Jila Janpad Panchayat Bilaspur District Bilaspur (C.G.) 5 - Chief Executive Officer Janpad Panchayat Kota District Bilaspur (Chhattisgarh) Digitally signed by SISTLA NEELIMA VISHNU PRIYA Date: 2025.05.21 16:53:21 +0530 2 6 - Project Officer Integrated Woman And Child Welfare- Kota District Bilaspur (C.G.) 7 - Shyama Bai Manikpuri D/o Sumiran Das Aged About 38 Years R/o Village Birgahani Post Chakora PS And Tahsil Ratanpur District Bilaspur (C.G.) ... Respondents For Petitioner : Shri Dheerendra Pandey, Advocate. For Respondents/State : Shri Atanu Ghosh, Dy. G.A. Hon'ble Shri Justice Sachin Singh Rajput Order on Board 20.05.2025 1. The following reliefs have been claimed in this Writ Petition:- “(i) The Hon’ble Court may kindly be pleased to allow the petition and set aside the impugned order dated 07.05.2025 (Annexure P/1) passed by the respondent no.2 and grant stay in favour of the petitioner till the disposal of the revision petition pending before the Commissioner Bilaspur District Bilaspur i.e. respondent no.2. (ii) This Hon’ble Court be pleased to direct the respondent authority to consider the case of the petitioner and would pass the order in merits after perusal of the record of the appointment process done by the respondent authority. (iii) This Hon’ble Court be pleased to call for the entire record in respect of appointment of the petitioner. (iv) Any other relief as deemed fit by this Court.” 2. Shri Pandey submits that vide order dated 03.03.2023 (Annexure P-2) issued by the Chief Executive Officer, Janpad Panchayat, Kota, District Bilaspur, the Petitioner was appointed as Anganbadi worker in Anganbadi centre, Birgahni, Janpad Panchayat, District Bilaspur in compliance of which, she has joined 3 her duties and performed the same with utmost sincerity and devotion. He further submits that the appointment order of the Petitioner was subject to challenge by Respondent No.7 before the Collector, District Bilaspur by way of an Appeal under Section 91 of Chhattisgarh Panchayat Raj Adhiniyam, 1993 r/w Rule (3) of Chhattisgarh Panchayat (Appeal and Revision) Rules, 1995, which was registered as Appeal No.02/A-89(15)/2023-24 (Annexure P-4) and the same was allowed and the appointment order of the Petitioner was set aside vide order dated 27.03.2025. The said order was subjected to challenge by the Petitioner in a Revision before the Additional Commissioner, Bilaspur Division, Bilaspur, which was registered as Case No.202504990200012/A-89/2024-25 along with an application for interim relief/stay. He further submits that Respondent No.7 has appeared as a Caveat in the said Revision and vide impugned order dated 07.05.2025 (Annexure P-1), the said application for interim relief/stay was rejected by the Additional Commissioner, Bilaspur Division, Bilaspur while calling for the records. He further submits that before passing the said order, the original records were not gone through and without appreciating the facts and circumstances of the case, the order impugned was passed rejecting the application for interim relief/stay and as such, the same is bad in law and is liable to be set aside. 4 3. Learned State Counsel submits that the order passed by the Additional Commissioner, Bilaspur Division, Bilaspur and the Collector, Bilaspur are in a correct perspective and as such, no interference is warranted. 4. Heard learned Counsel for the parties and perused the documents annexed with the Petition with utmost circumspection. 5. It is apparent from the records that the Petitioner was appointed as Anganbadi worker and as per submissions of Shri Pandey, her appointment was subjected to challenge before the Collector, Bilaspur by way of an Appeal filed by Respondent No.7, which was allowed and challenging the same, Revision was preferred by the Petitioner before Additional Commissioner, Bilaspur along with an application for grant of interim relief/stay. It appears that learned Additional Commissioner has dismissed the said application without even perusing the original record. Had the Revision of the Petitioner been allowed and the order of the Collector been set aside, naturally it would have resulted in the confirmation of the appointment of the Petitioner, therefore, in all fairness, till the records of the Collector are received and the parties are heard on the application for interim relief/stay, this Court is of the considered view that in stead of keeping this Petition pending, the same should be remanded back to Respondent No.3 to decide the application for grant of interim relief/stay filed by the 5 Petitioner in accordance with law after hearing the Petitioner and Respondent No.7. Ordered accordingly. Till then, the order dated 27.03.2025 passed in Appeal No.02/A-89(15)/2023-24 (Annexure P-4) shall remain stayed. 6. It is made clear that this Court does not express any opinion on the merits of the case and the concerned authority is directed to decide the said application on its own merits in accordance with law. 7. With the aforesaid direction/observation, the instant Petition stands disposed of. 8. Consequently, all the pending applications also stand disposed of. Sd/- (Sachin Singh Rajput) JUDGE Priya