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2025 DAILYLAW 7737 (CHH)

MAHESHWAR PRASAD SONWANI v. STATE OF CHHATTISGARH

WPS/1318/2021 · 2025-09-08

Shri Rakesh Mohan Pandey

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Judgment text

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1 2025:CGHC:45900 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1318 of 2021 * - Maheshwar Prasad Sonwani S/o Late Chhedilal Sonwani Aged About 46 Years R/o Bhathapara Mopka Tahsil And District – Bilaspur. Chhattisgarh ... Petitioner Versus 1 - State Of Chhattisgarh Through - Secretary Department Of Urban Administration And Development, Mantralay, Mahanadi Bhawan, Naya Raipur, District : Raipur, Chhattisgarh 2 - Collector, Bilaspur, District : Bilaspur, Chhattisgarh 3 - Commissioner Municipal Corporation Bilaspur, District : Bilaspur, Chhattisgarh 4 - Cheif Executive Officer Jila Panchayat Bilaspur, District : Bilaspur, Chhattisgarh 5 - Chief Executive Officer Janpad Panchayat Bilha, District : Dantewada, Chhattisgarh ... Respondents For Petitioner : Mr. K.P.S. Gandhi, Advocate For Respondents No. 1 & 2 For Respondent No. 3 : : Mr. Rajkumar Gupta, Additional Advocate General Mr. Harsh Wardhan, Advocate Hon’ble Shri Justice Rakesh Mohan Pandey Order on Board 09/09/2025 1. The petitioner has filed this petition seeking the following relief(s):- 10.1 That, this Hon’ble Court may kindly be pleased to issue a appropriate writ order or direction to respondents and passed the order for reinstate the service of petitioner in the office of respondent no. 3. 10.2 That this Hon’ble Court may kindly be pleased to issue further directions to decide the representation of the petitioner Digitally signed by RAMESH KUMAR VATTI Date: 2025.09.12 19:55:18 +0530 2 and consider the service in the office of respondent no. 3 as manner as was appointed in the earlier place. 10.3 Any other relief which may be suitable in the facts and circumstances of the case, may also be granted. 10.4 Any other relief as deemed fit by this Hon’ble Court. 2. Mr. K.P.S. Gandhi, learned counsel appearing for the petitioner would submit that the petitioner was appointed to the post of Rojgaar Sahayak under Gram Panchayat Bilha vide order dated 30.06.2010. He would contend that the petitioner worked their till 30.07.2019. It is submitted that vide Notification dated 30.07.2019, Mopka Gram Panchayat was merged with the Municipal Corporation, Bilaspur and thereafter services of the petitioner were discontinued without issuance of any specific order. He would contend that according to the Circular dated on 28.08.2019, the services of the petitioner ought to have merged with the existing Municipal Corporation along with all monetary benefits. He would contend that a direction may be issued to the respondent authorities to consider the claim of the petitioner. 3. On the other hand, Mr. Harsh Wardhan, learned counsel appearing for respondent No. 3 would submit that the petitioner was appointed on contract to the post of Rojgaar Sahayak in Gram Panchayat Mopka and after abolition of Gram Panchayat and merger of Mopka with the Municipal Corporation, Bilaspur, the post of Rojgaar Sahayak also got abolished. He would contend that as the petitioner was contractual employee, and further in absence of post of Rojgaar Sahayak, the services of the petitioner could not be continued with the Municipal Corporation, Bilaspur. 3 4. Mr. Rajkumar Gupta, learned Additional Advocate General appearing for the State/respondents No. 1 and 2 would support the contention made by Mr. Harsh Wardhan. 5. At this stage, Mr. K.P.S. Gandhi would submit that the petitioner may be permitted to make a representation before respondent No. 3 and in turn, the said authority may be directed to decide it expeditiously strictly in accordance with the Circular dated 28.08.2019. 6. Heard learned counsel for the parties. 7. Considering the limited prayed made by Mr. K.P.S. Gandhi, this petition, at this juncture, is disposed of reserving liberty in favour of the petitioner to make a representation before respondent No. 3 and it is expected that respondent No. 3 will decide the representation in the light of the Circular dated 28.08.2019 expeditiously. 8. With the aforesaid direction(s) / observation(s), the petition is disposed of. Sd/- (Rakesh Mohan Pandey) Judge vatti