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2025 DAILYLAW 45826 (CHH)

SMT. SHANTI TOPPO v. SHRI SANJEEV KUMAR JHA

CONT/28/2025 · 2025-01-09

Shri Naresh Kumar Chandravanshi

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Judgment text

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1 2025:CGHC:1546 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CONT No. 28 of 2025 1. Smt. Shanti Toppo, W/o Shri Ranjeet Toppo, Aged About 37 Years, Presently Working As Cook At Kasturba Gandhi Girls Hostel Sargawan, Ambikapur, District Surguja, Chhattisgarh. 2. Smt. Sarita Minj, D/o Shri Meghnath Minj, Aged About 39 Years, Presently Working As Cook At Kasturba Gandhi Girls Hostel Rajpurikala, Lakhanpur, District Surguja, Chhattisgarh. 3. Shanti Devi Tirkey Earlier Written As Shanti Devi, W/o Shri Vijay Tirkey, Aged About 47 Years, Presently Working As Cook At Kasturba Gandhi Girls Hostel Jhirmitti (Udaypur), District Surguja, Chhattisgarh. 4. Philomina Tirkey, D/o Shri Poulus Tirkey, Aged About 45 Years, Presently Working As Cook At Kasturba Gandhi Girls Hostel Udaypur, District Surguja, Chhattisgarh. 5. Sumita Lakra, W/o Shri Kendwa Ram, Aged About 37 Years, Presently Working As Chowkidar At Kasturba Gandhi Girls Hostel Sitapur, District Surguja, Chhattisarh. 6. Virendra Kumar Singh, S/o Late Devkaran Singh, Aged About 49 Years, Presently Working As Chowkidar At Kasturba Gandhi Girls Hostel Lakhanpur, District Surguja, Chhattisgarh. 7. Rameshwar Lakra, S/o Surjan Ram, Aged About 50 Years, Presently Working As Chowkidar At Kasturba Gandhi Girls Hostel Sargawan, Ambikapur, District Surguja, Chhattisgarh. 8. Janak Ram, S/o Vishwanath Ram, Aged About 40 Years, Presently Working As Chowkider At Kasturba Gandhi Girls Hostel Batauli, District Surguja, Chhattisgarh. 9. Smt. Sumitra Kujur, W/o Shri Ranga Kujur, Aged About 37 Years, Presently Working As Assistant Cook At Kasturba Gandhi Girls Hostel Sitapur, District Surguja, Chhattisgarh. 10. Vimla, D/o Shri Jaggu, Aged About 38 Years, Presently Working As Assistant Cook At Kasturba Gandhi Girls Hostel Lundra, District Surguja, Chhattisgarh. 11. Ku. Tarsila, D/o Chuntu Ram, Aged About 37 Years, Presently Working As Assistant Cook At Kasturba Gandhi Girls Hostel Jhirmitti, Udaypur, District Surguja, Chhattisgarh. 12. Smt. Sharda Namdev (Wrongly Written As Smt. Sharma Namdev), W/o Shri Sajjan Namdev, Aged About 38 Years, Presently Working As Assistant Cook At Kasturba Gandhi Girls Hostel Lakhanpur, District Surguja, Chhattisgarh. 13. Smt. Lalita Gupta, D/o Shri Harkesh Prasad Gupta, Aged About 42 Years, Presently Working As Assistant Cook At Kasturba Gandhi Girls Hostel Sitapur, District Surguja, Chhattisgarh. 14. Smt. Swarnlata Kujur, D/o Shri Ajit Kujur, Aged About 36 Years, Presently Working As Assistant Cook At Kasturba Gandhi Girls Hostel Sargawan, Ambikapur, District Surguja, Chhattisgarh. 15. Smt. Rooprani, W/o Shri Sewaram, Aged About 37 Years, Presently Working As Cook At Kasturba Gandhi Girls Hostel Lundra, District Surguja, Chhattisgarh. 2 16. Smt. Shrimati, W/o Shri Brijmohan Painkra, Aged About 37 Years, Presently Working As Assistant Cook At Kasturba Gandhi Girls Hostel Lakhanpur, District Surguja, Chhattisgarh. 17. Smt. Anita Sanwani, W/o Shri Nagendra Sanwani, Aged About 47 Years, Presently Working As Assistant Cook At Kasturba Gandhi Girls Hostel Batauli, District Surguja, Chhattisgarh. 18. Savita Yadav, W/o Shri Ajit Kumar Yadav, Aged About 47 Years, Presently Working As Cook At Kasturba Gandhi Girls Hostel Mainpat, District Surguja, Chhattisgarh. ... Petitioners/Applicants versus 1. Shri Sanjeev Kumar Jha, Mission Director, Samagra Shiksha, Raipur, District Raipur (C.G.). 2. Shri Sandipan Vilasrao Bhoskar, District Mission Director, Ambikapur, District Surguja (C.G.). 3. Shri Ravishankar Tiwari, District Mission Coordinator, Ambikapur, District Surguja (C.G.). ... Respondents (Cause title taken from Case Information System) For Petitioners/Applicants : Mr. C. Jayant K. Rao, Advocate. For State/Respondents : Ms. Anuradha Jain, P.L. Hon'ble Shri Justice Naresh Kumar Chandravanshi Order on Board 09/01/2025 1. This Contempt petition has been preferred by the applicants under Article 215 of the Constitution of India read with Section 12 of the Contempt of Courts Act for non-compliance of the order dated 20.12.2023 passed in WPS No.9596/2023 and other connected matters. 2. This Court has passed the following order in Writ Petition (S) No.9596/2023 in para 5, annexed as Annexure-C/1 :- “5. On the submission made by the learned Counsels appearing for the parties without entering into the merits of the case at this stage, this petition is disposed of directing respondents No. 4 to 6 to consider and decide the pending representation of the petitioners i.e. Annexure/P-4 within ‘three months’ from the receipt of copy of this order in accordancewith relevant law and rules applicable to the field of all the petitioners.” 3. Learned counsel for the applicants would submit that as informed by the counsel for the respondents, representation (Annexure-C/2) filed by the 3 applicants has already been decided, but fixation of salary has not been made in accordance with the circular issued by the respondent No.1. 4. Counsel appearing for the respondents submits that copy of decision taken by the Collector and District Mission Director, Samagra Shiksha, Ambikapur, District Surguja (C.G.) dated 15.03.2024 has been received, but the same has not been filed, whereby the representation filed by the applicants has been decided, which is also contended by the counsel for the applicants. 5. Counsel appearing for the respondents is directed to file aforesaid document along with covering memo during the course of the day. 6. Vide order dated 20.12.2023, this Court has directed respondents to decide representation (Annexure-C/2) filed by the applicants within 3 months, since representation has already been decided by the respondent No.2, as such order has been complied with, thus, no case of contempt is made out. Hence, the instant contempt petition is dismissed. 7. If, applicants are not satisfied with the order passed by the respondent No.2 with regard to their representation, then such fact gives fresh cause of action to the applicants, it could not be termed as non-compliance of order passed by the Court. Therefore, they may take recourse to law for redressal of their grievance. 8. In view of above, the instant contempt petition stands disposed of. Sd/- (Naresh Kumar Chandravanshi) Judge DEEPTI JHA NIRALA Digitally signed by DEEPTI JHA NIRALA Date: 2025.01.09 17:42:12 +0530