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2026 DAILYLAW 34951 (CHH)

GANESHRAM BHARIA v. DISTRICT COLLECTOR

WPS/6568/2026 · 2026-09-07

Shri Bibhu Datta Guru

body2026

Judgment text

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1 CGHC010336632026 2026:CGHC:39283 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6568 of 2026 Ganeshram Bharia S/o Bhaiyaram Bharia Aged About 65 Years R/o Village- Kendaikhar, Post Dardi, Tahsil, Katghora, District- Korba (C.G.) ... Petitioner versus District Collector Korba, District-Korba (C.G.) ... Respondent(s) (Cause title is taken from Case Information System) For Petitioner : Mr. Shivang Dubey, Advocate For Respondent/ State : Mr. Shahil Singh, Panel Lawyer Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 08/09/2026 1. By the present writ petition, the petitioner seeks a direction to the respondent authorities to consider and decide the pending representation dated 08.04.2026 (Annexure P/5) submitted before the respondent/ Collector, District Korba. SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2026.09.09 11:14:01 +0530 2 2. Learned counsel for the petitioner submits that the petitioner, who was appointed as Assistant Teacher on 22.03.1988, had earlier preferred WPS No. 3240/2005 challenging the order dated 07.04.1999 whereby his services were terminated on the allegation of submission of a forged caste certificate. The said writ petition was allowed by this Court by setting aside the termination order with a direction to the Collector to refer the petitioner's case to the State Level Caste Scrutiny Committee and, in the event the petitioner was found to belong to the "Bharia" Scheduled Tribe, to reinstate him in service with all consequential benefits. He submits that pursuant to the said direction, the State Level Caste Scrutiny Committee, vide order dated 08.10.2015 (Annexure P/4), has held that the petitioner belongs to the "Bharia" Tribe. He submits that despite the said finding and the specific direction issued by this Court, the respondents have neither reinstated the petitioner nor complied with the order passed in WPS No. 3240/2005. Learned counsel further submits that the petitioner has submitted several representations, including the representation dated 08.04.2026 (Annexure P/5), seeking compliance of the aforesaid order, which is still pending consideration, whereas in the cases of similarly situated Assistant Teachers, the respondents have already complied with the directions of this Court. Therefore, it is prayed that the respondents be directed to consider and decide the petitioner's pending representation and comply with the order passed by this Court in accordance with law. 3 3. Learned State counsel, on instructions, submits that if the representation dated 08.04.2026 (Annexure P/5) submitted by the petitioner before the Collector, Korba, the same shall be considered and decided, in accordance with law, within the stipulated period. 4. I have heard learned counsel for the parties and perused the material available on record. 5. From perusal of the order dated 29.09.2010 passed by this Court in WPS No. 3240/2005, it is evident that a specific direction was issued to the respondents to reinstate the petitioner in service with all consequential benefits in the event the State Level Caste Scrutiny Committee found that the petitioner belongs to the "Bharia" Tribe. It is not in dispute that the Caste Scrutiny Committee, vide its report/order dated 08.10.2015, has held that the petitioner belongs to the "Bharia" Tribe. 6. In view of the above and considering that the petitioner has already submitted a representation before the Collector, Korba, seeking compliance of the order dated 29.09.2010, as well as the submission made by learned State counsel, this writ petition is disposed of with a direction to the respondent/Collector, Korba, to consider and decide the petitioner's pending representation dated 08.04.2026 (Annexure P/5) and pass an appropriate order in accordance with law, keeping in view the order dated 29.09.2010 4 passed by this Court in WPS No. 3240/2005, preferably within a period of 30 days from the date of receipt of a copy of this order. 7. With the aforesaid direction, the writ petition stands disposed of. Sd/- (Bibhu Datta Guru) JUDGE $. Bhilwar