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2025 DAILYLAW 28049 (CHH)

KAMDEV TEKAM v. SMT. NIHARIKA SINGH BARAIK

CONT/1024/2025 · 2025-07-10

Shri Ravindra Kumar Agrawal

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1 2025:CGHC:32447 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 1024 of 2025 1 - Kamdev Tekam S/o Mr. Subhan Singh Tekam Aged About 45 Years Post Head Master, Posted At Govt. Primary School, Nadiyapara Ghotha, Block Bhanupratappur, District Uttar Bastar Kanker Chhattisgarh. 2 - Mrs. Kejwanti Gawde W/o Mr. Bihari Lal Gawde Aged About 44 Years Post Head Master Posted At Govt. Primary School, Madam, Block Antagarh, District Uttar Bastar Kanker Chhattisgarh. 3 - Parmesh Kumar Netam S/o Mr. Gannu Ram Netam Aged About 35 Years Post Teacher Local Body, Posted At Govt. Upper Primary School Ghumsimunda, Block Antagarh, District Uttar Bastar Kanker Chhattisgarh. 4 - Nemish Chandra Sahu S/o Mr. Sevak Ram Sahu Aged About 44 Years Post Head Master, Posted At Govt. Primary School Manjhipara Bhodiya, Block Bhanupratappur, District Uttar Bastar Kanker Chhattisgarh. 5 - Mrs. Parvati Tekam W/o Mr. Kamdev Tekam Aged About 39 Years Post Head Master, Posted At Govt. Primary School Budeli, Block Bhanupratappur, District Uttar Bastar Kanker Chhattisgarh. 6 - Bhupendra Kumar Dhruw S/o Mr. Bisahu Ram Dhruw Aged About 37 Years Post Head Master, Posted At Govt. Primary School Nagarbeda, Block Antagarh, District Uttar Bastar Kanker Chhattisgarh. 7 - Kishor Kumar Darro S/o Mr. Maya Ram Darro Aged About 50 Years Post Head Master, Posted At Govt. Primary School Pusaghati, Block Antagarh, District Uttar Bastar Kanker Chhattisgarh. ... Petitioner(s) ALOK SHARMA Digitally signed by ALOK SHARMA Date: 2025.07.15 19:53:34 +0530 2 versus 1 - Smt. Niharika Singh Baraik Secretary, Panchayat And Rural Development Department Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 2 - Smt. Priyanka Rishi Mahobiya Director, Panchayat And Rural Development Department Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur Chhattisgarh. 3 - Mr. Haresh Mandavi Chief Executive Officer, Jila Panchayat, District- Uttar Bastar Kanker, Chhattisgarh. ... Respondent(s) For Petitioner(s) : Mr. Parag Kotecha, Advocate. Hon'ble Shri Justice Ravindra Kumar Agrawal, J. Order on Board 11/07/2025 1. The petitioners have fled the present contempt petition against claiming willful violation of the order dated 20.08.2024 passed by Coordinate Bench of this Court in WPS No. 9418/2019, whereby the Coordinate Bench of this Court has passed following direction in Para -4 of the order dated 20.08.2024 as under: “Be that as it may, looking to the limited prayer of the petitioners, this petition is disposed of granting liberty to the petitioners to make representation for redressal of their grievance raised in instant petition, to respondents No. 2 & 3 annexing all relevant documents and judgment of this Court passed in W.A. No.261 of 2023 within a period of 30 days from today. After making such representation, it is directed that the respondents No. 2 & 3 shall consider and decide the same in accordance with law considering the relevant circular issued 3 in this regard by State of Chhattisgarh and also in the light of judgment of this Court rendered in W.A. No.261 of 2023 within a further period of 120 days from the date of receipt of such representation. It is made clear that this Court has not expressed any opinion on merits of the issue.” 2. Learned counsel for the petitioners would submit that despite clear direction passed by Coordinate Bench of this Court that representation of the petitioners shall be considered and decided in accordance with law within further period of 120 days from the date of receipt of the representation. The petitioners have moved their representation on 25.09.2024 but their representation has not been decided till date which is willful violation of the order passed by Coordinate Bench of this Court and the authorities are liable to be punished for contempt of Court. 3. I have heard learned counsel for the petitioners and perused the documents annexed with the petition. 4. From perusal of the order under contempt, it transpires from Para -4 that the petitioners were directed to move their fresh representation before the respondent Nos. 2 & 3 annexing of relevant documents and judgment passed by this Court in Writ Appeal No. 261/2023 within a period of 30 days from the date of the order and after making such representation, the respondent Nos. 2 & 3 were directed to consider and decide the same in accordance with law. Considering the relevant circulars and in the light of the judgment passed in WA No. 261/2023 within a further period of 20 days from the date of receipt of such representation. The order has been passed on 20.08.2024 and within 30 days i.e. upto 19.09.2024. The petitioners have to move their representation before the respondent Nos. 2 & 3 but they could move their representation on 25.09.2024 which is beyond the time limit fixed by Coordinate Bench of this Court. Though the delay very short but want the 4 petitioner themselves have made their representation delayed, they cannot claim that the authorities should have consider there is claim within stipulated time frame fixed by the Court to avail the benefit of stipulated time frame, the petitioners also require to move their representation within stipulated time frame but they failed to do so. 5. In view of the above, I do not find any willful violation of the order dated 20.08.2024 passed by Coordinate Bench of this Court in WPS No. 9418/2019 as the one of the condition of the order under contempt has not been followed by the petitioners themselves. 6. Accordingly, the present contempt petition is dismissed. Sd/-Sd/- (Ravindra Kumar Agrawal) Judge Alok