Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:4563-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WA No. 69 of 2026 1 - State of Chhattisgarh Through Its Chief Secretary, Chhattisgarh Govt. Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh, Chhattisgarh 2 - Principal Secretary Chhattisgarh, Govt. Koshal Vikas Technical Education And Rojgar Department Mahanadi Bhawan Mantralaya, New Raipur Chhattisgarh 3 - Principal Secretary Chhattisgarh Govt. Man Power And Planning Department Mahanadi Bhawan Mantralaya, New Raipur Chhattisgarh 4 - Secretary Chhattisgarh Govt. Koshal Vikas Technical Education And Rojgar Department Mahanadi Bhawan, Mantralaya, New Raipur Chhattisgarh 5 - Commissioner Directorate Emloyment And Training Indrawati Bhawan, New Raipur Chhattisgarh 6 - Joint Director, Training Directorate Employment And Training Indrawati Bhawan New Raipur Chhattisgarh 7 - Joint Director Training Industrial Training Institutes Raipur Zone Chhattisgarh 8 - Principal / Training Superintendent Institute Incharge Industrial Training Institute Kasdol District Raipur Chhattisgarh 9 - Principal / Training Superintendent Institute Incharge Industrial Training Institute Hathband, District Raipur Chhattisgarh 10 - Principal / Training Superintendent Institute Incharge Industrial Training Institute Baloda Bazar, District Baloda Bazar Chhattisgarh 11 - Principal / Training Superintendent Institute Incharge Industrial Training Institute Mainpur Distirct Raipur Chhattisgarh 12 - Principal / Training Superintendent Institute Incharge Industrial Training Institute Gariyaband District Gariyaband Chhattisgarh 13 - Principal / Training Superintendent Institute Incharge Industrial Training Institute Magarlod, District Dhamtari Chhattisgarh 14 - Principal / Training Superintendent Institute Incharge Industrial Training Institute Mana, Distirct Raipur Chhattisgarh 15 - Principal / Training Superintendent Institute Incharge Industrial Training Institute Dhamtari, District Dhamtari Chhattisgarh ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA
2 16 - Principal / Training Superintendent Institute Incharge Industrial Training Institute Nagri Disrict Dhamtari Chhattisgarh 17 - Principal / Training Superintendent Institute Incharge Industrial Training Institute Kurud, District Dhamtari Chhattisgarh 18 - Principal / Training Superintendent Institute Incharge Industrial Training Institute Raipur, District Raipur Chhattisgarh 19 - Principal / Training Superintendent Institute Incharge Industrial Training Institute Mahasamund, District Mahasamund Chhattisgarh 20 - Principal / Training Superintendent Institute Incharge Industrial Training Institute Pithora, District Mahasamund Chhattisgarh 21 - Principal / Training Superintendent Institute Incharge Industrial Training Institute Bagbahara, District Mahasamund Chhattisgarh 22 - Principal / Training Superintendent Institute Incharge Industrial Training Institute Basna, Mahasamund Chhattisgarh 23 - Principal / Training Superintendent Institute Incharge Industrial Training Institute Tilda District Raipur Chhattisgarh 24 - Principal / Training Superintendent Institute Incharge Industrial Training Institute Bhatapara, District Raipur Chhattisgarh ...
Appellants versus 1 - Nandshyam Sahu S/o Shri Sita Ram Sahu Aged About 50 Years Working As Draftment Civil Instructor, Govt. I.T.I. Dhamtari Raipur, Zone, R/o Lig 67, Deendayal Colony Near New Mandi Shamtarai District Dhamtari Chhattisgarh 2 - Ajay Ram Kurre S/o Shri Duje Ram Kurre Aged About 37 Years Working As Draftment Civil Instructor, Govt. I.T.I. Kasodl Raipur, Zone, R/o Village Sonadah P.O. Birra The Champa District Janjgir Champa Chhattisgarh 3 - Bhupendra Kumar Sahu S/o Shri Kali Ram Sahu Aged About 34 Years Working As Copa Instructor, Govt. I.T.I. Hathband, Raipur, Zone, R/o Village And P.O. Mopar Thana Suhela District Baloda Bazar Bhatapara Chhattisgarh 4 - Anjani Kshatriy S/o Shri Bhola Prasad Thakur Aged About 40 Years Working As Fitter Instructor, Govt. I.T.I. Hathband, Raipur Zone, R/o Nayapara Azad Chowk District Baloda Bazar Chhattisgarh 5 - Khivesh Kumar S/o Jhumuk Lal Sahu Aged About 41 Years Working As Welder Instructor, Govt. I.T.I. Baloda Bazar, Raipur Zone R/o Village Bhothli P.O. Basin Teh Gurur District Balod Chhattisgarh 6 - Rakesh Kumar Kashyap S/o Shri Janak Ram Kashyap Aged About 41 Years Working As Electrician Instructor, Govt. I.T.I. Baloda Bazar
3 Raipur Zone, R/o Village Bahesar P.O. Neora Teh Tilda, District Raipur Chhattisgarh 7 - Jagdish Prasad Miri S/o Shri Chande Aged About 45 Years Working As Welder Instructor, Govt. I.T.I. Balodabazar Raipur Zone, R/o Rest House Near Govindvan P.O. Bilaigarh District Baloda Bazar Chhattisgarh 8 - Ainak Ram Sahu S/o Shri Mangal Ram Sahu Aged About 36 Years Working As Electrician Instructor, Govt. I.T.I. Baloda Bazar Raipur Zone, R/o Village And Post Bendri Tahsil Abhanpur, District Raipur, Chhattisgarh 9 - Meenakshi Verma S/o Shri Dhani Ram Verma Aged About 36 Years Working As Copa Instructor, Govt. I.T.I. Baloda Bazar Raipur Zone, R/o Sai Dham Ward 01 P.O. Neora Teh Tilda District Raipur Chhattsigarh 10 - Rajesh Kumar S/o Shri Tulsi Ram Aged About 31 Years Working As Machinist Instructor, Govt. I.T.I. Baloda Bazar, Raipur Zone, R/o Behind Dhanwantari School New Krishna Nagar Supela Bhilai, District Durg Chhattisgarh 11 - M. Prakash Kenwat S/o Shri Sonau Ram Kenwat Aged About 48 Years Working As Fitter Instructor, Govt. I.T.I. Baloda Bazar, Raipur Zone, R/o Village Kaith P.O. Parsha Tah Bilaigarh District Baloda Bazar Chhattisgarh 12 - Bhupendra Kumar Verma S/o Shri Puhup Lal Verma Aged About 38 Years Working As Diesel Mechanic Instructor, Govt.
I.T.I. Baloda Bazar Raipur Zone, R/o Behind B.N.B. High School Neora, P.O. Neora Tahsil Tilda, District Raipur Chhattsigarh 13 - Vijay Kumar Sahu S/o Shri Gaind Lal Sahu Aged About 37 Years Working As Fitter Instructor, Govt. I.T.I. Manipur Riapur Zone R/o Village Post Mainpur District Gariyanand Chhattisgarh 14 - Chitra Kumar Sahu S/o Jhumuk Lal Sahu Aged About 42 Years Working As Welder Instructor, Govt. I.T.I. Mainpur Raipur Zone, R/o Shiv Chowk Kishan Para Ward 8 Gobra Nawapara Teh Abhanpur District Raipur Chhattisgarh 15 - Rikesh Tamrakar Birendra Kumar Tamrakar Aged About 32 Years Working As Copa Instructor Govt. I.T. I. Gariyaband Raipur Zone R/o Hira General Stores Infront Of Hotel Maan Luchki Para Chowk Durg District Durg Chhattisgarh 16 - Rakesh Kumar Verma S/o Shri Surendra Kumar Verma Aged About 36 Years Working As Disel Mechanic Instructor, Govt. I.T.I. Gariyaband Raipur Zone R/o Near Om Sai Nath College Parastarai Dharsiwa Raipur District Raipur Chhattisgarh
4 17 - Mahesh Kumar Sinha S/o Shri Ramjeevan Sinha Aged About 40 Years Working As Electrician Instructor, Govt. I.T.I. Magarlod Raipur Zone, R/o Sorid Near Dhamtari Distirct Dhamtari Chhattisgarh 18 - Sushil Kumar Dewangan S/o Shri Bhekhu Ram Dewangan Aged About 37 Years Working As Diesel Machanic Instructor, Govt. I.T.I. Magarlod Raipur Zone, R/o Village Hatband P.O. Hasda No 2 Teh Kurud District Dhamtari Chhattisgarh 19 - Timbeshwar Kumar Deshmukh S/o Shri Girdhari Lal Deshmukh Aged About 40 Years Working As Copa Instructor, Govt. I.T.I. Mana Raipur Zone, R/o H.N. 266 Jawahar Nagar, Durg District Durg Chhattisgarh 20 - Ashok Kumar Chandra S/o Shri Chandrika Prasad Aged About 41 Years Working As Motor Mechanic Vehicle Instructor, Govt.
I.T.I. Mana Raipur Zone, R/o Village And P.O. Sukhda Via Dabhra, Distirct Janjgir Champa, Chhattisgarh 21 - Surendra Kumar Shau S/o Shri Gaind Lal Sahu Aged About 46 Years Working As Machnist Instructor, Govt I.T.I. Mana Raipur Zone, R/o Ward No 14 T.T.C. Colony Manan Camp Raipur District Raipur Chhattisgarh 22 - Santeshwar Kumar Kashyap S/o Shri Anand Ram Kashyap Aged About 40 Years Working As Turner Instructor, Govt. I.T.I. Mana Raipur Zone R/o Ward No 14 Qno 11 T.T.C. Colony Mana Camp Raipur District Raipur Chhattisgarh 23 - Puna Ram Sahu S/o Kedar Lal Sahu Aged About 39 Years Working As Fitter Instructor, Govt. I.T.I. Mana Raipur Zone R/o Ward No 14 T.T.C. Colony Mana Camp Raipur Distrct Raipur Chhattisgarh 24 - Raja Ram Patel S/o Shri Latel Ram Patel Aged About 47 Years Working As Grinder Instructor, Govt. I.T.I. Mana Raipur Zone, R/o Ward No 14 Qno 68 T.T.C. Colony Mana Camp Raipur District Raipur Chhattisgarh 25 - Sanjeev Kumar Kaiwarty S/o Shri Dasa Ram Kaiwarty Aged About 41 Years Working As R.A.C. Instructor, Govt. I.T.I. Mana, Raipur Zone, R/o Ward No 14 Qno 7 T.T.C. Colony Mana Camp Raipur District Raipur Chhattisgarh 26 - Roop Singh Sahu S/o Shri Moti Ram Sahu Aged About 37 Years Working As Disel Machanic Instructor, Govt. I.T.I. Mana Raipur Zone, R/o Ward No 14 Qno 8 T.T.C. Colony Mana Camp Raipur District Raipur Chhattisgarh 27 - Janak Ram Sahu S/o Shri Dhannu Ram Sahu Aged About 40 Years Working As Copa Instructor, Govt. I.T.I. Dhamtari, Raipur Zone, R/o Village And P.O. Bhatgaon, Rudri District Dhamtari Chhattisgarh
5 28 - Haricharan Tandeal S/o Shri Ges Ram Tandeal Aged About 45 Years Working As Fitter Instructor, Govt. I.T.I. Kasdol, Raipur Zone, R/o Village Pipardula P.O. Bhinodi Tehsil Bilaigarh District Baloda Bazar Chhattisgarh 29 - Shobhit Lal Mandavi S/o Shri Ramadhar Mandavi Aged About 46 Years Working As Fitter Isntructor Govt.
I.T.I. Dhamtari Raipur Zone, R/o Village Kanta Kurridihi Teh Nagri District Dhamtari, Chhattisgarh 30 - Mithlesh Kumar Sahu S/o Shri Rati Ram Sahu Aged About 43 Years Working As Electrician Instructor, Govt. I.T.I. Nagri Raipur Zone, R/o Village Umrao Nagar, P.O. Tipani Teh Thankhamariya, District Bemetara, Chhattisgarh 31 - Gulshan Singh Kanwar S/o Shri Vishwanath Singh Kanwar Aged About 38 Years Working As D.C.M. Instructor, Govt. I.T.I. Kurud, Raipur, Zone, R/o Village Navin Joratarai P.O. Mandroud Tah Kurud District Dhamtari Chhattisgarh 32 - Abhishek Thakur S/o Shri R.K. Thakur Aged About 34 Years Working As Copa Instructor Govt. I.T.I. Kurud, Raipur Zone, R/o 1-11 Sales Tax Colony Khamrdih Shankar Nagar Raipur Chhattisgarh 33 - Jaymal Sahu S/o Shri Kripa Ram Sahu Aged About 36 Years Working As Copa Instructor Govt. I.T.I. Kurud, Riapur Zone, R/o Village And Post Bhatgaon, Rudri District Dhamtari Chhattisgarh 34 - Indrajeet Shau S/o Shri Bisahua Ram Sahu Aged About 37 Years Working As Copa Instructor, Govt. I.T.I. Kurud, Raipur Zone, R/o Village And P.O. Bhatgaon, Rudri Distirct Dhamtari Chhattisgarh 35 - Satanand Sahu S/o Shri Shriram Sahu Aged About 44 Years Working As Copa Instructor, Govt. I.T.I. Kurud, Raipur Zone R/o Village Parastarai P.O. Potiyadih District Dhamtari Chhattisgarh 36 - Deepak Sinha S/o Shri Jeevan Lal Sinha Aged About 39 Years Working As Electrician Instructor, Govt. I.T.I. Kurud, Raipur Zone, R/o 45/17 Cross Steet 1, Maitrikunj West Risali Bhilai, District Durg Chhattisgarh 37 - Santosh Kumar Suryawanshi S/o Shri Rameshwar Prasad Suryawanshi Aged About 39 Years Working As Fitter Instructor, Govt. I.T.I. Kurud, Raipur, Zone, R/o S.T. 5 Block 11 Qn A Sec 2 Bhilai, Nagar District Durg Chhattisgarh 38 - Bhekh Lal Ratre S/o Shri Dhanti Ram Ratre Aged About 43 Years Working As W.C.S./e.D. Instructor Govt. I.T.I. Kurud, Raipur Zone, R/o Village Saradih, P.O. Belsonda District Mahsamund Chhattisgarh 39 - Bhushan Lal Verma S/o Shri Shatruhan Lal Verma Aged About 34 Years Working As Instrument Mechanic Instructor, Govt.
I.T.I. Raipur, R/o Village Bartori P.O. Pathari District Raipur Chhattisgarh
6 40 - Shiv Kumar Bandhe S/o Shri Ramawatar Bandhe Aged About 42 Years Working As Surveyar Instructor, Govt. I.T.I. Riapur, R/o Village Matawari P.O. Sundrawan Thana Palari District Baloda Bazar Chhattisgarh 41 - Rashmi Verma W/o Shri Sanjay Verma Aged About 34 Years Working As Copa Instructor, Govt. I.T.I. Raipur, C/o Shr B.P. Verma, Sunand Kripa Ward No 18 New Teachers Colony, Tilda District Raipur Chhattisgarh 42 - Om Prakash Manikpuri S/o Shri Ramayan Das Manikpuri Aged About 42 Years Working As Cutting Tailoring Instructor, Govt. I.T.I. Raipur, R/o Village And P.O. Semartal District Bilaspur Chhattisgarh 43 - Kamlesh Kumar Prajapati S/o Sh Udho Ram Prajapati Aged About 32 Years Working As Turner Isntructor, Govt. I.T.I. Raipur R/o Vilalge And P.O. Sendri Thana Koni District Bilaspur Chhattisgarh 44 - Radheshyam Banchhor S/o Shri Kejuram Bamnchhor Aged About 41 Years Working As Turner Instructor, Govt. I.T.I. Raipur, R/o Villae Kachandur P.O. Karanja Bhilai, District Durg Chhattisgarh 45 - Yogendra Kumar Shau S/o Shri Nakul Ram Sahu Aged About 43 Years Working As Welder Instructor, Govt. I.T.I. Mahasamund, Raipr, Zone, R/o Vilalge Baronda Bazar P.O. Bamhani District Mahasamund Chhattisgarh 46 - Harish Chandrakar S/o Shri Manna Lal Chandrakar Aged About 43 Years Working As Fitter Instructor, Govt. I.T.I. Mahasamund Raipur Zone R/o Near Catholic Church Mahasamund Chhattisgarh 47 - Heera Lal Verma S/o Shri Peelu Ram Verma Aged About 40 Years Working As W.C.S./e.D. Instructor, Govt. I.T.I. Mahasamund, Raipur Zone, R/o Ward No 7 Indra Colony, Baloda Bazar District Baloda Bazar Chhattisgarh 48 - Avinash Chhideha S/o Shri Kala Ram Chhedeha Aged About 40 Years Working As Copa Instructor, Govt. I.T.I. Pithora, Raipur Zone, R/o Nayapara Ward No 3 District Mahasamund Chhattisgarh 49 - Kaushal Kumar Sahu S/o Shri Panna Lal Sahu Aged About 39 Years Working As Welder Instructor, Govt.
I.T.I. Bagbahara, Raipur Zone, R/o Vilalge P.O. Kopra Tahsil Gurur, District Balod, Chhattisgarh 50 - Dew Singh Sanhra S/o Shri Keso Ram Sanhra Aged About 44 Years Working As Fitter Instructor, Govt. I.T.I. Basna, Raipur, Zone, R/o Village Dhobhanpuri, P.O. Sorar Teh Gurur District Balod Chhattisgarh 51 - Anjay Kumar Chandrakar S/o Shri Shanker Lal Chandrakar Aged About 38 Years Working As Diesel Mechanic Instructor Govt. I.T.I. Tilda, Raipur Zone, R/o Ward 3 Ekta Chowk Near Shiv Temple Imlibhata District Mahasamund Chhattisgarh
7 52 - Nitin Kumar Deotale S/o Shri V.P. Deotale Aged About 37 Years Working As Welder Instructor Govt. I.T.I. Tilda Raipur Zone, R/o D 2/7 Housing Board I/e Bhilai District Durg Chhattisgarh 53 - Bhushan Sahu S/o Shri P.R. Sahu Aged About 36 Years Working As Copa Instructor, Govt. I.T.I. Bhatapara, Raipur Zone R/o Shankar Nagar, Jagriti Chowk District Durg Chhattisgarh
... Respondents For Appellants : Mr. Prasun Bhaduri, Dy. Advocate General For Respondent No.13 : Mr. Anubhav Vasta holding brief of Mr. Vijay Kumar Sahu Hon'ble Shri
Ramesh Sinha,
Chief Justice
Hon'ble
Shri Ravindra Kumar Agrawal,
Judge
Judgment on Board Per
Ramesh Sinha,
Chief Justice
28 .01.2026
1. Heard Mr. Prasun Bhaduri, learned Deputy Advocate General, appearing for the appellants/State on I.A. No. 02/2026, which is an application for condonation of delay of 207 days in preferring the appeal. Also heard Mr. Anubhav Vasta holding brief of Mr. Vijay Kumar Sahu, learned counsel, appearing for respondent No.13.
2. The State/appellants have filed this writ appeal against an order dated 18.03.2025 passed by the learned Single Judge in WPS No. 3250/2016 (Nandshyam Sahu & others Vs. State of Chhattisgarh and Others), by which the learned Single Judge has allowed the writ petitions filed by the writ petitioners.
3. On a pointed query being made to the learned for the appellant as to why he has approached this Court against the impugned order dated 18.03.2025, after an inordinate delay of 207 days, he has not offered
8 any plausible explanation or any cogent reason for delay in filing the writ appeal.
4.
Learned counsel for the respondents submits that the writ appeal is barred by delay and laches and further there is no cogent reason or explanation has been given in the delay and laches application filed for condonation of delay. Hence, the appeal is not liable to be entertained.
5. The Supreme Court in the matter of Union of India and others v. Tarsem Singh reported in (2008) 8 SCC 652 summarized the settled principles in the following manner:-
“7. To summarise, normally, a belated service related claim will be rejected on the ground of delay and laches (where remedy is sought by filing a writ petition) or limitation (where remedy is sought by an application to the Administrative Tribunal). One of the exceptions to the said rule is cases relating to a continuing wrong. Where a service related claim is based on a continuing wrong, relief can be granted even if there is a long delay in seeking remedy, with reference to the date on which the continuing wrong commenced, if such continuing wrong creates a continuing source of injury. But there is an exception to the exception. If the grievance is in respect of any order or administrative decision which related to or affected several others also, and if the reopening of the issue would affect the settled rights of third parties, then the claim will not be entertained. For example, if the issue relates to payment or re fixation of pay or pension, relief may be granted in spite of delay as it does not affect the rights of third parties. But if the claim involved issues relating to seniority or promotion,etc.., affecting others, delay would render the claim stale and doctrine of laches/limitation will be applied. Insofar as the consequential relief of recovery of arrears for a past period is concerned, the principles relating to recurring/successive wrongs will apply. As a consequence, the High Courts will restrict the consequential relief relating to arrears normally to a period of three years prior to the date of filing of the writ petition.”
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6. The Supreme Court in the matter of C. Jacob v. Director of Geology and Mining and others reported in (2008) 10 SCC 115, having found that the employee suddenly brought up a challenge to the
order of termination of his services after 20 years and claimed all consequential benefits, held that the relief sought for was inadmissible. The legal position in this regard was laid out in the following terms:-
“10. Every representation of the Government for relief, may not be applied on merits. Representations relating to matters which have become stale or barred by limitation, can be rejected on that ground alone, without examining the merits of the claim. In regard to representations unrelated to the Department, the reply may be only to inform that the matter did not concern the Department or to inform the appropriate Department. Representations with incomplete particulars may be replied by seeking relevant particulars. The replies to such representations, cannot furnish a fresh cause of action or revive a stale or dead claim.
11. When a decision is issued by a court/tribunal to consider or deal with the representation, usually the directee (person directed) examines the matter on merits,being under the impression that failure to do so may amount to disobedience. When an order is passed considering and rejecting the claim or representation, in compliance with direction of the court or tribunal, such an
order does not revive the stale claim, nor amount to some kind of “acknowledgement of a jural relationship” to give rise to a fresh cause of action.
12. When a government abandons service to take alternative employment or to attend to personal affairs, and does not bother to send any letter seeking leave or letter of resignation or letter of voluntary retirement, and the records do not show that he is treated as being in service, he cannot after two decades, represent that he should be taken back to duty. Nor can such employee be treated as having continued in service, thereby deeming the entire period as qualifying service for the purpose of pension. That will be a travesty of justice.
13. Where an employee unauthorisedly absents himself
10 and suddenly appears after 20 years and demands that he should be taken back and approaches the court, the department naturally will not or may not have any record relating to the employee at that distance of time. In such cases, when the employer fails to produce the records of the enquiry and the order of dismissal/removal, court cannot draw an adverse inference against the employer for not producing records, nor direct reinstatement with back wages for 20 years, ignoring the cessation of service or the lucrative alternative employment of the employee. Misplaced sympathy in such matters will encourage discipline, lead to unjust enrichment of the employee at fault and result in drain of public exchequer. Many a time there is also no application of mind as to the extent of financial burden, as a result of a routine order for back wages.”
7. In the light of the principle of law laid down by the Hon’ble Supreme Court in the aforementioned judgments (supra), and upon due
consideration of the grounds urged in I.A. No. 02 of 2026, we find that the delay of 207 days in preferring the writ appeal has not been satisfactorily explained with any cogent or plausible reason. The appellant has failed to demonstrate sufficient cause so as to justify condonation of such delay. Therefore, no ground is made out to exercise our discretion in favour of the appellants for condoning the delay.
8. Consequently, I.A. No. 02 of 2026 seeking condonation of delay is hereby rejected. As a natural corollary thereto, the writ appeal also stands dismissed. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Chandra