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2025 DAILYLAW 53358 (CHH)

GAURAV PATHAK v. STATE OF CHHATTISGARH

WPS/3174/2025 · 2025-05-05

Shri Bibhu Datta Guru

body2025

Judgment text

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1 2025:CGHC:20624 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3174 of 2025 1 - Gaurav Pathak S/o Shri S. R. Pathak Aged About 38 Years Petitioners Working As - Fireman, Grade - Ii, Working Under The Office Of Municipal Corporation Ambikapur, Presently On Deputation Under The Office Of Sdrf Home Guards Ambikapur, District- Sarguja (C.G.) 2 - Anoop Kumar Singh S/o Shri Mahindra Aged About 39 Years Petitioners Working As - Fireman, Grade - Ii, Working Under The Office Of Municipal Corporation Ambikapur, Presently On Deputation Under The Office Of Sdrf Home Guards Ambikapur, District- Sarguja (C.G.) 3 - Shankar Lal Yadav S/o Shri Late Ramkhelawan Yadav Aged About 57 Years Petitioners Working As - Fireman, Grade - Ii, Working Under The Office Of Municipal Corporation Ambikapur, Presently On Deputation Under The Office Of Sdrf Home Guards Ambikapur, District- Sarguja (C.G.) ... Petitioner(s) versus SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.05.07 16:18:29 +0530 2 1 - State Of Chhattisgarh Through The Secretary, Department Of Home Police Affairs, Mantralaya, Mahandi Bhawan, Atal Nagar, Nava Raipur, District- Raipur (C.G.) 2 - The Director General Home Guards, C.G. Emergency Services And State Disaster Response Force (Sdrf), Raipur District- Raipur (C.G.) 3 - The Commissioner Municipal Corporation, Ambikapur, District- Sarguja (C.G.) ... Respondent(s) (Cause title taken from CIS) For Petitioner(s) : Shri Prakash Tiwari, Advocate. For Respondent(s) No. 1 & 2: Shri Ajit Singh, Govt. Advocate. For Respondent no. 3 Shri Pankaj Agrawal, Advocate. Hon'ble Shri Bibhu Datta Guru , Judge Order on Board 06.05.2025 1. Learned counsel for the petitioner by referring the order passed by this Court in WPS No. 2870/2018 submits that the petitioners are also working as Firemen Grade -II, who have been sent on deputation on Municipal Corporation Ambikapur on 14.07.2017 vide (Annexure P/2) and the initial period of deputation period was two years, however, after two years without extending the same the service of the petitioner is being taken by the respondent corporation and some similarly situated person have also filed WPS. No. 2870/2018, which was disposed of vide order dated 11.04.2025 and the petitioners case are also on same footing. 3 2. Learned counsel for the respondent Corporation submits that the writ petition WPS No. 2870/2018 was disposed of on 11.04.2025 granting 20 days to take a decision to the State Government and though issue involved in the present writ petition is same to the WPS No. 2870/2018, however looking to the ensuing summer season, some more time be granted in this case to take a decision on relieving of the petitioners herein. 3. Learned counsel for the State also submits that the case of the petitioners is similar to the issue involved in WPS No. 2870/2018. 4. I have heard both the parties. 5. From perusal of the pleadings of the writ petition as well as the order dated 11.04.2025, it appears that the issue involved are same and this issue has already been decided by the Coordinate Bench of this Court, hence the writ petition is disposed of with a direction to the State Government to relieve the petitioner from the present place of posting to their parental department within a period of 45 days from today and the respondent no. 3 is directed to extend all benefit for which the petitioner is entitled, which could not be extended on the account of deputation. 6. With the aforesaid direction, the writ petition is disposed of. Sd/- (Bibhu Datta Guru) Judge Shoaib