Extracted from the PDF above. The PDF is authoritative.
2025:CGHC:46682-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 640 of 2025 The Commissioner Municipal Corporation, Raipur, Dist. Raipur C.G.
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Petitioner(s) versus 1 - Anil Kumar Mandalae S/o Shri G.R. Mandale Aged About 37 Years Fireman, Grade- Ii, Working Under The Office Of Municipal Corporation Raipur, Presently On Deputation Under The Office Of Sdrf Home Guards Raipur, District - Raipur (C.G.) 2 - Indrajeet Sahu S/o Shri Sakha Ram Sahu Aged About 41 Years Fireman, Grade- Ii, Working Under The Office Of Municipal Corporation Raipur, Presently On Deputation Under The Office Of Sdrf Home Guards Raipur, District - Raipur (C.G.) 3 - Vajendra Kumar Gautam S/o Shri Jhumuk Lal Gautam Aged About 39 Years Fireman, Grade- Ii, Working Under The Office Of Municipal Corporation Raipur, Presently On Deputation Under The Office Of Sdrf Home Guards Raipur, District - Raipur (C.G.) 4 - Yogesh Jaiswal S/o Shri Brijmohan Jaiswal Aged About 38 Years Fireman, Grade- Ii, Working Under The Office Of Municipal Corporation Raipur, Presently On Deputation Under The Office Of Sdrf Home Guards Raipur, District - Raipur (C.G.) 5 - Manoj Kumar Meshram S/o P.R. Meshram Aged About 45 Years Fireman, Grade- Ii, Working Under The Office Of Municipal Corporation Raipur, Presently On Deputation Under The Office Of Sdrf Home Guards Raipur, District - Raipur (C.G.) 6 - Gulshan Kumar Jaiswal S/o Shri Rath Lal Jaiswal Aged About 36 Years Fireman, Grade- Ii, Working Under The Office Of Municipal Corporation Raipur, Presently On Deputation Under The Office Of Sdrf Home Guards Raipur, District - Raipur (C.G.) 7 - Mohammad Imran Khan S/o Shri Tahir Khan Aged About 36 Years Fireman, Grade- Ii, Working Under The Office Of Municipal Corporation Raipur, Presently On Deputation Under The Office Of Sdrf Home Guards Raipur, District - Raipur (C.G.) Wa 640 of 2025 2 8 - Amit Kumar Thakur S/o Rikhi Ram Thakur Aged About 42 Years Fireman, Grade- Ii, Working Under The Office Of Municipal Corporation Raipur, Presently On Deputation Under The Office Of Sdrf Home Guards Raipur, District - Raipur (C.G.) 9 - State Of Chhattisgarh Through The Secretary, Department Of Home Police Affairs, Mantralaya, Mahanadi Bhawan Atal Nagar, Nava Raipur District - Raipur (C.G.) 10 - The Director General Home Guards, C.G. Emergency Services And State Disaster Response Force (Sdrf), Raipur District - Raipur (C.G.) ...Respondent(s) (Cause-title taken from Case Information System) ------------------------------------------------------------------------------------------------------------------ For Appellant : None appears For State : Shri Sangharsh Pandey, GA For Private Respondents : Shri Prakash Tiwari, Advocate --------------------------------------------------------------------------------------------------------- Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble
Shri Justice Ravindra Kumar Agrawal
Order on Board Per Ramesh Sinha, Chief Justice 12.09.2025
1. Heard Shri Sangharsh Pandey, learned Government Advocate, and Shri Prakash Tiwari, learned counsel for the Private respondents.
2. The present intra Court appeal has been filed by the appellant against the order dated 08.05.2025, passed by the learned Single Judge in WPS-3340 of 2025 (Anil Kumar Mandale and others Vs State of Chhattisgarh and others), whereby the learned Single Judge has allowed the writ petition filed by the writ petitioners therein.
3. It has been pointed out by the learned counsel appearing for the parties that in some of the identical matters, this Bench has dismissed the
Wa 640 of 2025 3 Writ Appeal No. 551 of 2025 (The Commissioner Municipal Corporation, Raipur Vs Ajay Singh Thakur and others), vide judgment dated 05.08.2025 observing the following terms:-
“10. While passing the impugned order, learned Single Judge held that taking into consideration the fact that the State in its affidavit filed on 27.03.2025 )in the writ petition) has declined to absorb the services of the respondents No.1 to 12/writ petitioners with respondent No.14 department herein, respondent No.14 is directed to relieve the respondents No.1 to 12/writ petitioners immediately from the present place of posting to their parental department. This exercise ;shall be completed by respondent No.14 herein within a period of 20 days from
11.04.2025. Appellant herein is directed to extend all benefits for which the respondents No.1 to 12/writ petitioners are entitled which could not be extended on account of deputation.
11. Considering the pleadings made in writ appeal,
submissions advanced by the learned counsel appearing for theparties and also considering the findings recorded bythelearned Single Judge while disposing off the writ petition filed by the respondents No.1 to 12 / writ petitionrs, we are of the considered opinion that the learned Single
Wa 640 of 2025 4 Judge has not committee any illegality, irregularity or jurisdictional error warranting interference bythis Court.
12. Accordingly, the present writ appeal being devoid of merit is liable to be and is hereby dismissed.” They submitted that since the facts and issue involved in the present case are identical to that of Writ Appeal No. 551/2025, this appeal may also be disposed of in the same terms.
4. Having considered the rival submissions made by learned counsel for the parties and having gone through the material on record, it is evident that the facts and issue involved in this appeal are identical to Writ Appeal No. 551/2025 decided on 05.08.2025, hence, this Court deems it appropriate, not to take a view other than what has been taken in the above mentioned appeal.
5. Since, this Court has already taken a view in the order dated 05.08.2025 passed in WA No. 551/2025, the present appeal is also dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice
padma Digitally signed by V PADMAVATHI Date: 2025.09.15 18:02:03 +0530