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2025 DAILYLAW 54164 (CHH)

MEENU PRAKASH RAJAK v. STATE OF CHHATTISGARH

WPS/6034/2018 · 2025-05-04

Shri Rakesh Mohan Pandey

body2025

Judgment text

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-1- 2025:CGHC:20419 NAFR HIGH COURT of CHHATTISGARH AT BILASPUR WPS No. 6034 of 2018 Meenu Prakash Rajak S/o Shri Mahadeo Rajak Aged About 51 Years R/o Ward No. 13, Post And Tehsil Dabhra, District Janjgir Champa Chhattisgarh. ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Government of Chhattisgarh Department of Higher Education, Mahanandi Bhawan, Mantralaya, Naya Raipur, P. S. Rakhi, District Raipur Chhattisgarh. 2 - Commissioner Director, Dirctorate of Higher Education, Indrawati Bhawan, Mantralaya, Naya Raipur, P. S. Rakhi, District Raipur Chhattisgarh. 3 - Additional Director Dirctorate of Higher Education, Indrawati Bhawan, Mantralaya, Naya Raipur, P. S. Rakhi, District Raipur Chhattisgarh. 4- Principal Government Degree College, Dabhra, District Janjgir Champa Chhattisgarh. ... Respondent(s) (Cause Title is taken from Case Information System) For Petitioner : Mr. Surendra Kumar Dewangan, Advocate For State : Mr. Pramod Ramteke, Panel Lawyer Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board 05.05.2025 -2- 1) The petitioner has filed this petition seeking the following relief(s):- “10.1 This Hon'ble Court may kindly be pleased to call for the entire records pertaining to the case of the petitioner from the possession of the respondent authorities. 10.2 This Hon'ble Court may kindly be pleased to direct the respondent authorities to kindly consider the case of the petitioner for reinstatement or re- appointment on the post of Laboratory Assistant (Attendant) in the college of the Respondent No. 4 i. e. Government Degree College, Dabhra, District Janjgir- Champa with all consequential benefits. 10.3 This Hon'ble Court may kindly be pleased to direct the respondent authorities to release the salary of the present petitioner for the working period i.e. from 06/03/1990 to 09/09/1992 (2 years, 6 months and 3 days) as mentioned in the experience certificate issued by the Respondent No. 4 (Annexure P/8) alongwith interests. 10.4 This Hon'ble Court may also kindly be pleased to grant any other relief which may be considered fit and proper in the light of facts and circumstances of the case.” 2) Learned counsel appearing for the petitioner submits that the petitioner was appointed to the post of Laboratory Attendant under respondent No. 4 vide order dated 02.03.1990. He further submits that the services of the petitioner were terminated vide order dated 09.08.1990, after serving one month’s notice. He states that the original application was filed before the State Administrative Tribunal and was registered as O.A. No.3905/1992, later on, after formation of State of Chhattisgarh, case was transferred to this Court and same was registered as WPS No. 670/2005. He contends that the petition was dismissed vide order dated 23.04.2007 on the ground that the original application filed by a similarly situated employee, namely Jaynarayan Singh (OA No. 2766/1990), had -3- been dismissed vide order dated 07.08.1992. He further contends that the petitioner made a representation before the State Government, pursuant to which a direction was issued to the Secretary, Higher Education Department, to take appropriate steps, but no action has been taken till date. 3) On the other hand, Mr. Pramod Ramteke, learned Panel Lawyer, opposes the submissions made by Mr. Dewangan. 4) Heard. 5) Taking into consideration the fact that the petitioner was appointed to the post of Laboratory Attendant and his services were terminated vide order dated 09.08.1990, and the writ petition filed by the petitioner was dismissed on merits on the ground that the original application filed by a similarly situated employee was dismissed vide order dated 07.08.1992. It is observed that the petitioner has not challenged the order passed in WPS No. 670/2005, and the said order has attained finality. Therefore, the subsequent representation made before the State authorities would not give rise to a fresh cause of action. Consequently, this petition is devoid of merit and is hereby dismissed. Sd/- (Rakesh Mohan Pandey) Judge NADIM