1 CGHC010117522020 2026:CGHC:32680 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2175 of 2020 1 - Meena Chouhan D/o Shri Ishwar Chouhan Aged About 25 Years R/o Village- Thakurdiya Khurd, Block And Tehsil- Pithora, District- Mahasamund, Chhattisgarh ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Secretary, Panchayat Welfare Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Revenue And Civil District- Raipur, Chhattisgarh 2 - Janpad Panchayat Pithora Through Its Chief Executive Officer, District- Mahasamund, Chhattisgarh 3 - Pragramme Officer Mahatama Gandhi National Rural Employment Guarantee Scheme (Mgnrega), Janpad Panchayat Pithora, District- Mahasamund, Chhattisgarh 4 - Upper Commissioner Raipur Division District- Raipur, Chhattisgarh 5 - Collector Mahasamund District- Mahasamund, Chhattisgarh HARNEET KAUR Digitally signed by HARNEET KAUR Date: 2026.07.30 10:38:09 +0530 2 6 - Commissioner Employment Guarantee Cell, Office Of Welfare Commissioner, Vikas Bhawan, Civil Lines Raipur, District- Raipur, Chhattisgarh 7 - Hemsagar S/o Shri Birbal Aged About 24 Years R/o Village- Thakurdiya Khurd, Block And Tehsil- Pithora, District- Mahasamund, Chhattisgarh 8 - Commissioner Mahatama Gandhi Nrega, Indrawati Bhawan, Naya Raipur, District- Raipur, Chhattisgarh 9 - Tehsildar Pithora District- Mahasamund, Chhattisgarh ... Respondent(s) For Petitioner(s) : Mr. Rishi Sahu on behalf of Surfaraj Khan, Advocates For Respondent(s) No. 1,4 to 6 & 9/State : Dr. Surendra Dewangan, P.L. For Respondent No. 2 : Mr. Ghanshyam Patel, Advocate For Respondent No. 7 : Mr. Alok Kumar Dewangan, Advocate SB – Hon’ble Shri Justice Sanjay K. Agrawal Order on Board 29/07/2026 1. This writ petition under Article 226 of the Constitution of India has been preferred against the order dated 19/03/2020 (Annexure 3 P-1) passed by the Court of learned Upper Commissioner, Raipur Division (Respondent No. 4) whereby the revision filed by respondent No. 7 is allowed and the order dated 09/09/2019 (Annexure P-2) passed by the Court of learned Collector, Mahasamund (Respondent No. 5) is reversed arising out of appointment order dated 09/01/2019 (Annexure P-3) passed by the Office of Janpad Panchayat, Pithoura (Respondent No. 2). 2. Learned counsel for the petitioner submits that pursuant to an advertisement issued on 10/08/2018 wherein a specific clause existed that all the documents pertaining to educational qualification and other documents should be obtained before the date of advertisement, respondent No. 7 obtained the documents after the advertisement was issued and also was appointed ignoring the petitioner, which was subject of challenge before the Collector, Mahasamund. The Collector, Mahasamund by order datd 09/09/2018 (Annexure P/2) held in favour of the petitioner and thereby, the petitioner joined his services. It is stated that a circular is existing of 11/09/2007 which purports that against the order of Collector in respect of appointment under the MNREGA, the Commissioner, National Rural Employment Guarantee would be entitled to hear the appeal being Appellate Authority. However, it is stated that, ignoring the same, respondent No. 7 preferred an appeal before the Court of Upper Commissioner, Raipur Division Revenue wherein the order (Annexure P/1) has been passed on 4 19/03/2020 which is without jurisdiction. It if further submitted that the petitioner is still working on the post of Rojgar Sahayak. 3. Learned counsel for the respondents would support the impugned order and submit that the instant writ petition is liable to be dismissed. 4. I have heard learned counsel for the parties, considered their rival submissions made herein-above and went through the record with utmost circumspection. 5. A careful perusal of the circular dated 11/09/2007 (Annexure P/4) would show that against the order of the Collector in respect of the National Rural Employment Guarantee, MNREGA, the appeal is to be preferred before the Commissioner, National Rural Employment Guarantee Raipur whereas Annexure P/1 shows that it has been passed by the Additional Commissioner, Raipur whereby the order of the Collector dated 09/09/2019 has been reversed. In that view of the matter, the impugned order 19/03/2020 (Annexure P-1) passed by the Court of learned Upper Commissioner, Raipur Division (Respondent No. 4) is hereby set aside and the appeal of respondent No. 7 is restored to its original file for hearing before the Court of Commissioner, MNREGA, Raipur, which will be decided within 60 days from the date of receipt of a copy of this order, absolutely in accordance with law. A copy of this order be sent to the Commissioner, MNREGA, Raipur for compliance and needful. 5 6. Accordingly, this writ petition is allowed to the extent indicated herein-above. It is made clear that this Court has not expressed any opinion on the merits of the matter. Sd/- (Sanjay K. Agrawal) JUDGE Harneet