Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:34746
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 729 of 2025 1 - Ku. Pooja Pandey D/o Sudama Prasad Pandey, Aged About 38 Years Posted As Lecturer L. B. Govt. Higher Middle School, Barbaspur, Manendragarh, District Manendragarh Chirmiri Bharatpur Chhattisgarh
... Applicant Versus 1 - State Of Chhattisgarh Through The Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan Ministry Nava Raipur Chhattisgarh 2 - Secretary, School Education Department, Mahanadi Bhawan, Ministry Nava
Raipur
Chhattisgarh
3 - Collector, Manendragarh, District Manendragarh Chirmiri Bharatpur Chhattisgarh 4 - Chief Executive Officer, Janpad Panchayat, Manendragarh, District Manendragarh Chirmiri Bharatpur Chhattisgarh 5 - District Education Officer, Manendragarh, District Manendragarh Chirmiri Bharatpur Chhattisgarh 6 - Block Education Officer, Manendragarh, District Manendragarh Chirmiri Bharatpur Chhattisgarh
... Respondents For Applicant : Mr. Sanjeev Verma, Advocate For Respondent/State : Mr. Amandeep Singh, P.L.
AYUSHI SINGH Digitally signed by AYUSHI SINGH Date: 2025.07.24 10:52:24 +0530
2 (Hon’ble Shri Justice Naresh Kumar Chandravanshi)
Order on Board 22/07/2025
1. This MCC is preferred for modification in the cause title of order dated 20.2.2024 passed in WPS No.1082/2024 by the Co-ordinate Bench and by way of such modification either the CEO, Jila/ Janpad Panchayat, Korea, Distt. Korea be impleaded, as a newly added respondent or it be permitted to be impleaded in place of respondent No.4/ Chief Executive Officer, Janpad Panchayat, Manendragarh, District Manendragarh Chirmiri Bharatpur (C.G.).
2. Vide order dated 20.2.2024, passed by the Co-ordinate Bench in WP(S) No.1082/2024, following order was passed in paragraph 3:-
“3. On the basis of submissions, without going into merits of the case, this writ petition is disposed of at this stage directing the respondent/competent authority to consider and decide the representations of the petitioner i.e. Annexure P/2 in accordance with relevant law and rules within an outer limit of ‘four months’ from the date of receipt of copy of
order of this Court.”
3. Learned counsel for the applicant submits that applicant is posted as Lecturer Local Body (LB) at the Government Higher Middle School, Barbaspur, Manendragarh, Distt. Manendragarh-Chirmiri-Bharatpur (C.G.). He further submits that applicant had preferred the writ petition (S) No.1082/2024, as she was not granted arrears of revised pay scale. The said writ petition was disposed of vide order dated 20.2.2024 (Annexure A1) passed by the Co-ordinate Bench, directing the
3 respondent/competent authority to decide the representations of the applicant in accordance with law and rules within four months. He next submits that competent authority of applicant is the Chief Executive Officer (CEO), Jila/ Janpad Panchayat, Korea, District Korea (C.G.), but, inadvertently, instead of the Chief Executive Officer (CEO), Jila/ Janpad Panchayat, Korea, District Korea (C.G.), the Chief Executive Officer (CEO), Janpad Panchayat, Manendragarh, District Manendragarh-Chirmiri-Bharatpur (C.G.) was made party in the writ petition, therefore, application (Annexure P2 in writ petition) in compliance of order dated 20.2.2024, filed by the applicant was not accepted by the Chief Executive Officer (CEO), Korea, District Korea. Hence, the order dated 20.2.2024, may be modified by permitting the applicant to implead the Chief Executive Officer, Korea, District Korea in WP(S) No.1082/2024 as respondent, instead of the Chief Executive Officer (CEO), Janpad Panchayat, Manendragarh, District Manendragarh-Chirmiri-Bharatpur (C.G.)
4. Per contra, learned State counsel raise objection to the above prayer made by learned counsel for the applicant. 5. Since order has already been passed by the Co-ordinate Bench in WP(S) No.1082/2024 on 20.2.2024, mentioning cause title as per the writ petition in which the Chief Executive Officer (CEO), Jila Panchayat, Korea, District Korea (C.G.) was not made party, now applicant cannot be permitted to implead the Chief Executive Officer (CEO), Jila Panchayat, Korea, District Korea (C.G.) as respondent in the writ petition. Therefore, I do not feel inclined to modify the order dated
20.2.2024. 6. However, earlier, Barbaspur was a village in Korea District,
4 subsequently, after bifurcation of area of Korea District (C.G.), Manendragarh-Chirmiri-Bharatpur District came into existence, therefore, it seems that bonafide mistake was committed by the counsel for the applicant in impleading party in writ petition. Hence, applicant may file appropriate application before the Collector, Manendragarh District Manendragarh-Chirmiri-Bharatpur (C.G.) along with copy of the order dated 20.2.2024 and copy of this order.
Thereafter, the Collector, Manendragarh District Manendragarh- Chirmiri-Bharatpur (C.G.) may redirect that application to the Chief Executive Officer (CEO), Jila/ Janpad Panchayat, Korea, District Korea (C.G.) for compliance of order dated 20.2.2024 passed by the Co- ordinate Bench in WP(S) No.1082/2024. 7. Accordingly, the MCC stands disposed of. SD/-
(Naresh Kumar Chandravanshi)
JUDGE Ayushi