Extracted from the PDF above. The PDF is authoritative.
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2026:CGHC:26472-DB
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 552 of 2026 1 - State Of Chhattisgarh Through Its Chief Secretary, Chhattisgarh Government Mahanadi Bhawan, Mantralaya New Raipur, Chhattisgarh 2 - The Principal Secretary Chhattisgarh Government, Koshal Vikas, Technical Education And Rojgar Department, Mahanadi Bhawan, Mantralaya, New
Raipur,
District
Raipur
Chhattisgarh 3 - The Principal Secretary Chhattisgarh Government, Man Power And Planning Department, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur
Chhattisgarh 4 - The Secretary Chhattisgarh Government ,koshal Vikas, Technical Education And Rojgar Department, Mahanadi Bhawan, Mantralaya, New Raipur,
District
Raipur,
Chhattisgarh 5 - The Commissioner Directorate Employment And Training, Indrawati Bhawan,
New
Raipur,
District
Raipur,
Chhattisgarh 6 - The Joint Director Training, Directorate Employment And Training, Indrawati Bhawan, New Raipur, District Raipur, Chhattisgarh 7 - The Joint Director Training, Industrial Training Institutes Ambikapur Zone District
Surguja
(Ambikapur),
Chhattisgarh 8 - The Principal/ Training Superintendent Institute Incharge Industrial Training Institute, Ambagarh Chowki, District Rajnandgaon, Chhattisgarh 9 - The Principal/ Training Superintendent Institute Incharge Industrial Training
Institute,
Abhanpur,
District
Raipur,
Chhattisgarh 10 - The Principal/ Training Superintendent Institute Incharge Industrial Training Institute, Rajnandgaon, District Rajnandgaon, Chhattisgarh 11 - The Principal/ Training Superintendent Institute Incharge Industrial Training
Institute,
Koni,
District
Bilaspur,
Chhattisgarh 12 - The Principal/ Training Superintendent Institute Incharge, Industrial Training
Institute,
Pratappur,
District
Surajpur,
Chhattisgarh 13 - The Principal/ Training Superintendent Institute Incharge, Industrial Training Institute, Akaltara, District Janjgir-Champa, Chhattisgarh., 14 - The Principal/ Training Superintendent Institute Incharge Industrial Training
Institute,
Bhilai,
District
Durg,
Chhattisgarh 15 - The Principal/ Training Superintendent Institute Incharge Industrial Training
Institute,
Raipur,
District
Raipur,
Chhattisgarh 16 - The Principal/ Training Superintendent Institute Incharge Industrial Training Institute, Bhatapara, District Balodabazar-Bhathapara, Chhattisgarh.
17 - The Principal/ Training Superintendent Institute Incharge Industrial Training Institute, Kondagaon, District Kondagaon, Chhattisgarh 18 - The Principal/ Training Superintendent Institute Incharge Industrial INDRAJEET SAHU Digitally signed by INDRAJEET SAHU Date: 2026.07.02 11:15:26 +0530
2 Training Institute, Nagri, Sihawa, District Dhamtari, Chhattisgarh 19 - The Principal/ Training Superintendent Institute Incharge Industrial Training Institute, Basna, District Mahasamund, Chhattisgarh 20 - The Principal/ Training Superintendent Institute Incharge Industrial Training Institute, Narayanpur, District Narayanpur, Chhattisgarh 21 - The Principal/ Training Superintendent Institute Incharge Industrial Training Institute, Keshkel, District Kondagaon, Chhattisgarh 22 - The Principal/ Training Superintendent Institute Incharge, Industrial Training
Institute,
Mana,
District
Raipur,
Chhattisgarh 23 - The Principal/ Training Superintendent Institute Incharge, Industrial Training
Institute,
Pratappur,
District
Surajpur,
Chhattisgarh 24 - The Principal/ Training Superintendent Institute Incharge, Industrial Training
Institute,
Gaurella,
District
Bilaspur,
Chhattisgarh 25 - The Principal/ Training Superintendent Institute Incharge Industrial Training Institute, Mana Camp, District Raipur, Chhattisgarh. ... Applicants versus 1 - Teja Ram S/o Shri Peetamber Aged About 33 Years Working As Diesel Mechanic Instructor, Government I T I Raipur, District Raipur, R/o Kugda, Kumhari,
Post
Urla
Bmy,
District
Durg,
Chhattisgarh 2 - Santosh Kumar Verma S/o Sh. M. R. Verma Aged About 38 Years Working As Copa Instructor, Government I T I Abhanpur, District Raipur, R/o Mahadev Nagar, Changora Bhatha Raipur, District Raipur, Chhattisgarh 3 - Gyanesh Chand Bhoi S/o Sh. Vinod Bihari Bhoi Aged About 35 Years Working As Electrician, Government I T I Abhanpur, District Raipur, R/o Vill Gerabhata, Post Rosada, Thana Basna, District Mahasamund, Chhattisgarh 4 - Uma Sahu S/o Sh. Bahrta Ram Sahu Aged About 33 Years Working As Electrician Instructor, Government I T I Abhanpur, District Raipur, R/o Vill And Post Office Hardi, Jarwe, District Janjgir-Champa, Chhattisgarh 5 - Suryabhan Singh S/o Sh. Suresh Kumar Aged About 31 Years Working As Electrician Instructor, Government I. T. I. Rajandgaon, District Rajandgaon, R/o Ward No. 13 Qtr. No. 361, Ram Mandir Colony Nandani Nagar, District Durg,
Chhattisgarh 6 - Daneshwar Prasad Sinha S/o Sh. Channu Lal Sinha Aged About 41 Years Working As Electrician Instructor, Government I T I Rajandgaon, District Rajandgaon, R/o Shastri Chowk, Tulsipur Ward No. 16, Rajnandgaon, Chhattisgarh 7 - Girish Kumar Sahu S/o Sh. Bodhi Ram Sahu Aged About 35 Years Working As Instrument Mechanic Instructor, Government I T I Koni District Bilaspur, R/o Village Post Janjgiri, Tehsil Dhamdha, District Durg, Chhattisgarh 8 - Sahadew Prasad Dewangan S/o Sh.
Bund Ram Dewangan Aged About 40 Years Working As Machinist Instructor, Government I T I Koni, District Bilaspur, R/o M I G 65 Ii Housing Board Colony Khamtarai, Bilaspur, Chhattisgarh 9 - Jeetendra Kumar Sao S/o Shri Jhumuk Lal Sao Aged About 43 Years Working As Electrician Instructor, Government I T I Pratappur, District Surajpur, R/o Village Post Kusmi, Tehsil Berla, Thana Berla, District Bemetara,
Chhattisgarh 10 - Barat Lal Pradhan S/o Shri Ram Ji Pradhan Aged About 43 Years Working As Electrician Instructor, Government I T I Pratappur, District
3 Surajpur, R/o Village Amanar, Post Hardi S, Tahsil Nawagarh, District Janjgir- Champa,
Chhattisgarh 11 - Lakhan Lal Dewangan S/o Shri Ram Say Dewangan Aged About 40 Years Working As Diesel Mechanic Instructor, Government I T I Akaltara, District Janjgir-Champa, R/o V P O Nawagarh, Via Shiwari Narayan, District Janjgir-Champa,
Chhattisgarh 12 - Sangeeta Sonpipre D/o Shri Nilesh Sonpipre Aged About 35 Years Working As Copa Instructor, Government I T I Bhilai, District Durg, R/o Qtr. No. 8/a, Street No. 13, Sector- 2, Bhilai, District Durg, Chhattisgarh 13 - Ganesh Ram Bandhe S/o Shri Ram Prasad Bandhe Aged About 39 Years Working As Electrician Instructor, Government I T I Ambagarh Chowki, District Rajnandgaon, R/o Village Daimar, Post Dewada, Tehsil Patan District Durg,
Chhattisgarh 14 - Devendra Singh Verma S/o Ratan Singh Verma Aged About 39 Years Working As Draughtsman, Civil Instructor, Government I T I Raipur, District Raipur, R/o V P O Chandkhuri, District Raipur, Chhattisgarh 15 - Vikas Kumar Adapwar S/o Sh. Narayan Raw Adapwar Aged About 41 Years Working As Draughtman, Civil Instructor, Government I T I, Raipur, District Raipur, R/o Center Koni, Behind Masjid Ramayan Nagar Koni, Bilaspur,
Chhattisgarh 16 - Raghvendra Kumar Sinha S/o Sh.
Shiv Prasad Sinha Aged About 37 Years Working As Copa Instructor, Government I T I Raipur, District Raipur, R/o Village Kopra, Tehsil Rajim, District Gariyaband, Chhattisgarh 17 - Dilip Singh Thakur S/o Shri Prahlad Singh Thakur Aged About 37 Years Working As Electrician Instructor, Government I T I Bhatapara, District Balodabazar, R/o Ward No. 23, Gali No. 1, Near Rewa Talab Deepak Nagar, District
Durg,
Chhattisgarh 18 - Rajesh Kumar Awasthy S/o Sh. K. N. Awasthy Aged About 42 Years Working As Electrician Instructor, Government I T I Kondagaon, District Kondagaon, R/o H No. 552, Power Colony Ramnagar Supela, Bhilai, District Durg,
Chhattisgarh 19 - Rajesh Singh Kushwaha S/o Sh. J. P. Kushwaha Aged About 39 Years Working As Electrician Instructor, Government I T I Nagri Sihawa District Dhamtari, R/o Qtr. No. 3, T. T. C. Colony Mana Camp, Raipur, District Raipur, Chhattisgarh 20 - Yashwant Kumar Nayak S/o Sh. Tarachand Nayak Aged About 37 Years Working As Draughtman Mechanical Instructor, Government I T I Basna District Mahasamund, R/o Village Kosambuda, Post 7 Barula, District Gariyaband,
Chhattisgarh 21 - Sudhir Kumar Gupta S/o Sh. Nirmal Kumar Gupta Aged About 37 Years Working As Fitter Instructor, Government I T I Narayanpur, District Narayanpur, R/o Near Bus Stand Kranti Lodge Keshkal, District Kondagaon, Chhattisgarh 22 - Vishnu Prasad Sahu S/o Sh. Itwari Ram Aged About 46 Years Working As Electrician Instructor, Government I T I Keshkal, District Kondagaon, R/o Village And Post Haldi, Tehsil Gunderdehi, District Balod, Chhattisgarh 23 - Pawan Kumar Sharma S/o Sh.
Khedu Prasad Sharma Aged About 40 Years Working As Diesel Mechanic Instructor Government I T I Mana District Raipur, R/o Ward No. 8, Pawan Niwas Arya Nagar, Kohka, Bhilai, District Durg,
Chhattisgarh 24 - Bhaskar Ganvir S/o Shri A. L. Ganvir Aged About 43 Years Working As C
4 O P A Instructor, Government I T I Rajanandgaon, District Rajandgaon, R/o Station Para Ward No. 13, Teachers Colony Rajanandgaon, District Rajanandgaon,
Chhattisgarh 25 - Ashish Kumar Hansa S/o Shri Sitaram Hansa Aged About 41 Years Working As Fitter Instructor, Government I T I Rajanandgaon, District Rajandgaon, R/o C/o Hansa Video Games Nandi Chowk, Tikrapara, Raipur, District
Raipur,
Chhattisgarh 26 - Smt. Mamta Dewangan W/o Shri Mukesh Dewangan Aged About 34 Years Working As C O P A Instructor, Government I T I Pratappur, District Surajpur, R/o Government I T I Campus Pratap Pur, District Surajpur, Chhattisgarh 27 - Smt. Mini Abha Pandey W/o Shri Ajay Pandey Aged About 34 Years Working As Electrician Instructor, Government I T I Gaurella, District Bilaspur, Chhattisgarh, R/o Civil Line Mangal Bazar Kharsia, District Raigarh, Chhattisgarh 28 - Parmeshwar Kaushik S/o Shri K. R. Kaushik Aged About 46 Years Working As Fitter Instructor, Government I T I Koni, Bilaspur, District Bilaspur, R/o Q No. L 2-44, Aashirwad Vally Bodary, Raipur Road, Bilaspur, District Bilaspur
Chhattisgarh 29 - Bajarnag Lal Gadhewal S/o Shri Latel Ram Gadhewal Aged About 42 Years Working As Motor Mechanic Instructor, Government I T I Mana Camp, District Raipur, R/o Village Bhaisda, Post Office Akaltari, District Janjagir- Champa, Chhattisgarh
... Respondent(s) (Cause-title taken from Case Information System) For Applicants/State : Shri P.K. Bhaduri, Dy. Advocate General along with Shri Priyank Rathi, Govt. Advocate. Hon'ble Shri Justice Ramesh Sinha, CJ Hon’ble Shri Justice Ravindra Kumar Agrawal, J
Order on Board 30.06.2026 Per,
Ramesh Sinha, CJ.
1 Heard. 2 Though copy of MCC was served upon Smt. Ranjna Jaiswal, counsel for respondents, but she did not appear in the case. 3 The present MCC has been filed seeking modification of the order dated 27.02.2026 passed by this court in Writ Appeal No.180 of 2026
5 with a prayer to decide the said Writ Appeal No.180 of 2026 in terms of the order dated 03.11.2025 passed in Writ Appeal No.738 of 2025. 4
Learned counsel for the State/applicants would submit that Writ Appeal No.180 of 2026 was filed against the order of learned Single Judge passed in WPS No.2940 of 2017 dated 18.03.2025. The said Writ Appeal was filed with delay of 206 days and therefore the appeal was ordered to be dismissed by the court only on the ground of delay in the light of order dated 03.11.2025 passed by this court in Writ Appeal No.738 of 2025, however, inadvertently due to typographical error the said Writ Appeal No.180 of 2026 was dismissed in terms of order passed in Writ Appeal No.51 of 2025. Therefore, the order dated 27.02.2026 passed in Writ Appeal No.180 of 2026 may be modified by setting aside para 1 to 4 of the said order dated 27.02.2026 by substituting the order dismissing the Writ Appeal in terms of order dated 03.11.2025 passed in Writ Appeal No.738 of 2025. 5 We have heard the counsel for the applicants, perused the impugned orders and gone through the records of the case. 6 Considering the submissions made by the counsel for the applicants and having gone through the records of Writ Appeal Nos.180 of 2026, 738 of 2025 and Writ Appeal No.51 of 2025, we are of the opinion that the grounds taken in the application seeking modification by way of present MCC deserves to be allowed. 7 Accordingly, the contents of the order dated 27.02.2026 passed in Writ Appeal No.180 of 2026 from para 1 to 4 is hereby recalled, and in place thereof, the following para 1 to 7 shall be substituted and it be read as the part of order dated 27.02.2026-
6
1. “Heard Shri Prasun Kumar Bhaduri, Dy. Advocate General, counsel for the appellants/State on IA No. 02 of 2025 which is an application for condonation of delay of 206 days in preferring the appeal. 2. The appellants have filed this writ appeal against an order dated 18.03.2025 passed by learned Single Judge, in WPS No.2940 of 2017 (Teja Ram & Others Vs. State of Chhattisgarh & Others) by which the learned Single Judge has allowed the writ petition filed by the writ petitioners. 3.
On a pointed query being made to the learned counsel for the appellants as to why they have approached this Court against the impugned order dated 18.03.2025 after an inordinate delay of 206 days, he has not offered any plausible explanation or any cogent reason for delay in filing the writ appeal. 4. The Hon’ble Supreme Court in the matter of “Union of India and others v. Tarsem Singh” (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.”
5. The Supreme Court in the matter of “C. Jacob v. Director of Geology and Mining and others” (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
7 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 “acknowledgment 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 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.”
6. In the light of the principles of law laid down by the Hon’ble Supreme Court in the aforementioned judgments (supra), and upon due consideration of the grounds urged in IA No. 02 of 2025, we find that the delay of 206 days in preferring the writ appeal has not been satisfactorily explained with any cogent or plausible reason. The appellants have 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. 7. Consequently, IA No. 02 of 2025, seeking condonation of delay is hereby rejected. As a natural corollary thereto, the writ appeal also stands dismissed.”
8 8 Consequently, the present MCC stands allowed and disposed of by substituting the aforesaid paras in place of para 1 to 4 of the order dated 27.02.2026 passed in Writ Appeal No.180 of 2026. Sd/- Sd/- (Ravindra Kumar Agrawal)
(Ramesh Sinha) Judge Chief Justice inder