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2025 DAILYLAW 24112 (CHH)

ANANT KUMAR NAYAK v. CHHATTISGARH INFRASTRUCTURE DEVELOPMENT CORPORATION (CIDC)

WPS/3344/2024 · 2025-01-20

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:3342 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3344 of 2024 1 - Anant Kumar Nayak S/o Late Shri Gendram Nayak Aged About 65 Years Retired From The Post Of Conductor (Parichalak) From Durg Depot, R/o Ward No. 11, In Front Of Jaiswal Poultry Farm, Simga, District Baloda Bazar Bhatapara, Chhattisgarh. 2 - Pawan Pandit S/o Late Shri Babulal, Aged About 62 Years Retired Form The Post Of Helper/clecaner, Rajnandgoan Depot, R/o Kasarideeh, Padmanabhpur, Durg, District : Durg, Chhattisgarh 3 - Vijay Kumar Sahu S/o Late Shri Jai Ram Sahu, Aged About 64 Years Reited From The Post Of Carpenter, Grade Ii From Raipur Depot No. 1, R/o Shivam City Colony, Saddu Mova, Raipur, District : Raipur, Chhattisgarh 4 - Rajesh Vaishnav S/o Siyaram Vaishnav, Aged About 58 Years Reited From The Post Of Conductor (Parichalak) Of Ranjnandgaon Depot , R/o Near Tehsil Office, Daondi, District : Balod, Chhattisgarh 5 - Santoshi Bai Joshi W/o Late Shri Sukhchand Joshi, Aged About 50 Years Occupation Of Husband Worked On The Post Of Conductor (Parichalak) In Raipur Depot R/o Katha Nawagaon, Ranandgaon, District : Rajnandgaon, Chhattisgarh 6 - Achchhe Lal Patel S/o Shri Bhagwan Deen Patel, Aged About 68 Years Reited From The Post Of Machanic, Bilaspur Depot, R/o Near Mahesh Memorial School, Padamdhar Colony, Rewa, District Rewa, Madhya Pradesh. YOGESH TIWARI Digitally signed by YOGESH TIWARI Date: 2025.01.23 11:36:46 +0530 2 7 - Chandresh Sharma S/o Shri Dulichand Sharma, Aged About 61 Years Reited From The Post Of Conductor (Parichalak) Ambikapur Depot R/o House No. 34, Mahatma Gandhi Ward Kachhehri Para, Baikunthpur, District Koriya , Chhattisgarh. 8 - Shakir Ali Sayyed S/o Late Aabid Ali, Aged About 52 Years Occupation Of Father Worked As Carpenter, Durg Depot, R/o Ward No. 8,, Takiya Para Durg, District : Durg, Chhattisgarh 9 - Nahar Singh Yadav S/o Shri Rewati Lal Yadav, Aged About 66 Years Reited From The Post Of Conductor (Parichalak), Jagdalpur Depot, R/o Badsak Gali, Mother Teresa Ward No. 26, Jagdalpur, District Bastar, Chhattisgarh. 10 - Surinder Kaur W/o Late Shri Indrajeet Singh Aged About 58 Years Occupation Of Husband Worked As Driver, Durg Depot, R/o Ward No. 22, Camp No. 1, Adar3sh Nagar, Supela, Bhilai, District : Durg, Chhattisgarh 11 - Lakhvinder Kaur, W/o Late Shri Mukhpal Singh, Aged About 59 Years Occupation Of Husband Worked As Driver, Depot, R/o Ward No. 22, Camp No. 1, Adarsh Nagar, Supela, Bhilai, District : Durg, Chhattisgarh 12 - Shahjad Ali S/o Hussain Ali @ Hushan Ali, Aged About 70 Years Reited From The Post Of Helper, Divisional Workshop, Rawan Bhatha, Raipur, R/o Near Pani Tanki, Sonu Kirana Store, Idgah Bhatha Raipur, District : Raipur, Chhattisgarh 13 - Yashoda Bai W/o Late Shri Bhushan Lal Chandrakar Aged About 71 Years Occupation Of Husband Worked As Store Keeper, Rajnandgaon, Depot, R/o Ward No. 11, Khtthi, Boriyajhar, Mahasamund, District : Mahasamund, Chhattisgarh 14 - Devkunwar Patel W/o Late Shri Bhagela Patel Aged About 70 Years Occupation Of Husband Worked As Mechanic, Divisional 3 Workshop, Rawabhatha, Raipur, R/o Gopiya Para, Near Danteshwari Mandir, Purani Basti, Raipur, District : Raipur, Chhattisgarh 15 - Shyam Lal Dhruw S/o Late Shri Chandu Lal Dhruw, Aged About 59 Years Worked As Driver, Jagdalpur Depot R/o Mahadevghat Road, Sunder Nagar/bhim, Nagar, Raipur, District : Raipur, Chhattisgarh 16 - Rajendra Prasad Sharma S/o Shri Ramnarayan Shrama Aged About 67 Years Worked As Helper, Raipur Depot No. 2, R/o Mahadevghat Road, Near Bibre Factory, C/o Toshan Kumar Sharma Raipura, Raipur, District : Raipur, Chhattisgarh 17 - Khorbahra Ram Sahu S/o Late Shri Suraj Lal Sahu, Aged About 76 Years Worked As T.C.T. Divisional Workshop Rawabhatha, Raipur, R/o Near Bhathagaon Chowk, Behind Government School Narah Road, Near Ritesh Bartan Bhandar, Dr. Shyama Prasad Mukherjee Ward No. 61, Raipur, District : Raipur, Chhattisgarh 18 - Hemin Bai W/o Late Shri Ishwar Ram Sonwani, Aged About 50 Years Occupation Of Husband Worked As Electrician Depot No. 2 Raipur R/o Shukrawari Bazar, Gudhiyari Raipur, District : Raipur, Chhattisgarh 19 - Dewal Das Banjare S/o Bali Ram Banjare, Aged About 68 Years Worked As Security Guard, Balodabazar Depot, R/o Sakri, Sasaha, Palari, District Baloda Bazar Bhatapara, Chhattisgarh. 20 - Manharan Lal Sahu S/o Late Shri Ankalha Ram Sahu Aged About 48 Years Occupation Of Father Worked As Driver, Jagdalpur Depot, R/o Darri Para, Kawardha, District Kabirdham Chhattisgarh. 21 - Arvind Kumar Sharma S/o Shri Harikrishna Sharma, Aged About 69 Years Worked As Conductor (Parichalak), Raipur Depot No. , R/o Near Pankaj Lal Tiwari School Semhara Bada, Raipur, District : Raipur, Chhattisgarh 22 - Ramhari Sharma S/o Late Shri Lota Ram Sharma, Aged About 63 Years Worked As Conductor (Parichalak) Jagdalpur Depot, R/o Housin 4 Baord Colony, Sun City, Lalbagh, Near Atal Awas, Chandrashekhar Ward No. 41, Jagdalpur, District Bastar Chhattisgarh. 23 - Mahendra Kumar Sahu S/o Dharam Singh Sahu, Aged About 57 Years Worked As Conductor (Parichalak), Raipur Depot R/o Ward No. 16, Bhanpuri, Dhaneli, Gurur, Baldo, District Balod, Chhattisgarh. ... Petitioners versus 1 - Chhattisgarh Infrastructure Development Corporation (CIDC) Through Its Managing Director, CIDC, Raipur Address Old Phq Building, Gaurav Path, Civil Line, Raipur, District Riapur Chhattisgarh. 2 - Madhya Pradehsh Road Transport Corportion Through Its Managing Director, Head Office Habibganj, Bhopal Madhya Pradesh ... Respondents (Casue-title taken from Case Information System) For Petitioners : Mr. Vivek Kumar Agrawal, Advocate For Respondent No.1 : Mr. Vivek Siddharth Ojha, Advocate For Respondent No.2 : Mr. Varun Sharma, Advocate Hon’ble Shri Amitendra Kishore Prasad, Judge Order on Board 20.01.2025 1. Heard Mr. Vivek Kumar Agrawal, learned counsel for the petitioners as well as Mr. Anup Majumdar, learned counsel appearing for respondent No.1 and Mr. Varun Sharma, learned counsel appearing for respondent No.2. 2. The instant petition is preferred by the petitioners under Article 226 of the Constitution with the following relief(s):- “10.1 Call for the entire records pertaining to the case of the petitioner from the 5 possession of respondents for its kind perusal of this Hon’ble Court. 10.2 That, this Hon’ble Court be pleased to direct the respondents to pay the E.D.F. interest amount to the petitioners as expeditiously as possible, in the interest of justice. 10.3 That, this Hon’ble Court be pleased to direct the respondents to consider the case of the petitioners and decide the pending representation of the petitioners. 10.4 This Hon’ble Court be further pleased to pass such other order(s) or direction(s), as this Hon’ble Court may deem fit and proper in favour of the petitioner against the respondents including the costs of the petition under the facts and circumstance of the case and in the interest of justice.” 3. Learned counsel for the petitioners submits that an identical issue came up before the Coordinate Bench on 15.11.2017 and the same has been disposed of with a direction to the petitioner to make a fresh representation to the respondent No.2 and it was further directed that respondent No.2 shall on receipt the representation take a prompt decision. He further submits that present writ petition also may be disposed of in similar terms as the grievance raised by the petitioners is identical. 6 4. Given the facts and circumstances, this Court feels that the prayer made by the petitioners to be fair and reasonable. Accordingly, the present writ petition also is disposed of in similar terms as has been passed in the WPS No. 6005/2017 vide order dated 15.11.2017. Accordingly, the petitioners are at liberty to move a representation before the respondent No.2, before whom the claim of the previous set of petitions were under process. 5. On submission of the representation by the petitioners, the respondents shall as expeditiously as possible preferably within a period of two months shall verify and if the case of the petitioners are similarly to the previous set of petitions or the petitioners in the case of WPS No. 6005/2017, their claim shall also be processed along with the similarly placed persons, whose writ petitions have already been decided vide orders dated 04.07.2011 and 16.12.2012 in WPS No. 6510/2009 and WA No. 419/2011. 6. In view of the above, instant writ petition accordingly stands disposed of at the motion stage. Sd/- Sd/- (Amitendra Kishore Prasad) Judge Yogesh