Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:27104
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 5110 of 2025 1 - Ku. Benedikta Toppo D/o Nikolas Toppo Aged About 27 Years R/o Village- Bhulsikala, Kusmi, District- Balrampur-Ramanujganj (C.G.).
... Petitioner(s) versus 1 - State of Chhattisgarh Through Secretary, Department of Panchayat And Rural Development Mantralay, Mahanadi Bhawan, Naya Raipur, District- Raipur (C.G.) 2 - The Collector District- Balrampur- Ramanujganj (C.G.). 3 - The Project Officer Women & Child Development, Kusmi, District- Balrampur- Ramanujganj (C.G.) 4 - The Chief Executive Officer Jila Panchayat- Kusmi, District- Balrampur- Ramanujganj (C.G.) 5 - The Chief Executive Officer Janpad Panchayat- Kusmi, District- Balrampur- Ramanujganj (C.G.). 6 - Ku. Kiran D/o Shri Keshwar Ram Aged About 30 Years R/o Bhulsikala, Kusmi, District- Balrampur- Ramanujganj (C.G.).
... Respondent(s) For Petitioner (s) : Shri Bhupendra Singh, Advocate. For State : Shri S.P. Kale, Addl. Advocate General. For Respondent No.6 : Shri Avinash K. Mishra, Advocate. Hon’ble Shri Justice Ravindra Kumar Agrawal, J
Order
on Board
23.06.
202
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1.
Learned counsel for the petitioner would submit that vide order dated 31.05.2022 the petitioner was appointed on the post of Angan Badi Digitally signed by INDRAJEET SAHU Date: 2025.06.24 10:26:30 +0530
2 Worker and posted at village Bhulsikala, District Balrampur Ramanujganj, however, on certain complaint being made, the appointment order of the petitioner along with all other Angan Badi Workers for the whole district of Balrampur Ramanujganj was cancelled by the Collector. On the same advertisement, subsequently the respondent No.6 was appointed on the post of Angan Badi Worker and posted at village Bhulsikala which was challenged by the petitioner in WPS No.7563 of 2022. The said writ petition was decided on 20.11.2024 and appointment order of present respondent No.6 was quashed and respondent authorities were directed to provide proper opportunity of hearing to the present petitioner and thereafter to take appropriate decision afresh within a period of 30 days from the date of passing of that order.
2. After the order passed by this court on 20.11.2024, since no decision could have been taken by the respondent authorities, the present respondent No.6 filed another writ petition before this court being WPS No.2872 of 2025 which was also disposed of on 28.04.2025 directing the respondent authorities to issue fresh appointment order in favour of eligible candidate under the said advertisement for the post of Angan Badi Worker within 15 days from the date of passing of order. Pursuant to said order dated 28.04.2025, the respondent No.6 has been appointed as Angan Badi Worker at village Bhulsikala vide order dated 29.05.2025 (Annexure P/1) which is under challenge in the present writ petition.
3.
Learned counsel for the respondents would raise preliminary objection with respect to maintainability of the writ petition against the appointment order of Angan Badi Worker as remedy of appeal is
3 provided under Section 91 of the Chhattisgarh Panchayat Raj Adhiniyam, 1995 before the concerned Collector and therefore the petitioner may raise her grievance there by filing appropriate appeal.
4.
Learned counsel for petitioner would submit that the petitioner is ready to approach before the Collector by filing appeal, however, considering the fact that she is still working as Angan Badi Worker at village Bhulsikala, the parties may be directed to maintain status quo till interim application, to be filed by her, is decided by the Collector.
5.
Learned counsel for respondent No.6 would submit that the Collector Balrampur Ramanujganj has already made an enquiry with respect to petitioner and after due process of enquiry she has been removed from the post of Angan Badi Worker. He would further submit that after appointment order issued in favour of respondent No.6, she joined her duties on 02.06.2025 on the post of Angan Badi Worker at village Bhulsikala.
6. Be that as it may, since there is an efficacious statutory alternative remedy of appeal before the Collector under Section 91 of the Chhattisgarh Panchayat Raj Adhiniyam, 1995, the petitioner may take recourse of filing appeal against the order impugned before the Collector, Balrampur Ramanujganj and may also move an application for interim order before the Collector. Accordingly, the petitioner may file an appeal before the Collector concerned along with application for interim relief within a period of two weeks from today and the Collector, in turn, shall decide her interim application within a further period of two weeks from the date of filing of appeal by the petitioner in accordance with law and on its own merits. Till the application of the petitioner for grant of interim relief is decided by the Collector, the parties shall
4 maintain status quo with respect to appointment on the post of Angan Badi Worker at village Bhulsikala, as on today.
7. With the aforesaid observations, the writ petition stands finally disposed of. Sd/- (Ravindra Kumar Agrawal) Judge inder