Smt. Kaushilya Nagesh Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

Smt. Kaushilya Nagesh Vs State of Chhattisgarh — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petition disposed of: petitioner permitted to file a fresh representation within 10 days; respondent/competent authority directed to decide it in accordance with law preferably within 30 days of presentation; pending applications disposed of; no opinion expressed on merits.

Issue for consideration

Whether the order dated 18.07.2024 (Annexure P-1) passed by respondent No.3 should be quashed by appropriate writ, order or direction. +1 more

Court's answer

This Court has not expressed any opinion on the merits of the case.

Ratio / Principle

The petitioner is given liberty to file a fresh representation before the concerned respondents/competent authority within 10 days from receipt of copy of the order.

Key takeaways

On such representation being made, the respondent/competent authority is directed to take a decision on it in accordance with law within a stipulated time, preferably within 30 days from presentation of the representation.ratio¶27

Detailed headnote1 paragraphs

Writ petition (WPS No. 5383 of 2024, High Court of Chhattisgarh at Bilaspur, Sachin Singh Rajput J., decided 04.09.2024) filed by Smt. Kaushilya Nagesh, working as Superintendent, Pre-Metric Girls Hostel, Mainpur, District Gariyaband, praying for quashing of the order dated 18.07.2024 (Annexure P-1, wrongly mentioned as 18.07.2023) passed by respondent No.3, the Assistant Commissioner Tribal Welfare, Gariyaband. Counsel for the petitioner sought liberty to submit a representation on her grievances; State counsel did not oppose. Without adjudicating merits, the Court disposed of the petition permitting the petitioner to file a fresh representation within 10 days before the concerned respondents/competent authority, and directing that authority to decide the representation in accordance with law preferably within 30 days of its presentation; all pending applications were disposed of and the Court expressly clarified that it had expressed no opinion on the merits of the case.

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2024:CGHC:34265

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 5383 of 2024

1 - Smt. Kaushilya Nagesh W/o Chandra Kumar Nagesh Aged About 36 Years Presently Working As Superintendent, Pre.Metric Girls Hostel Mainpur, District Gariyaband, Chhattisgarh

... Petitioner

versus

1 - State Of Chhattisgarh Through Secretary Department Of School Education, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh

2 - Commissioner Tribal Welfare Department, Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh

3 - Assistant Commissioner Tribal Welfare Gariyaband, District Gariyaband, Chhattisgarh

4 - Collector Gariyaband, District Gariyaband, Chhattisgarh

5 - District Education Officer District Garaiyaband, Chhattisgarh

6 - Smt. Yamuna Baghel Assistant Teacher (L.B.) Government Primary School, Tuhameta,

Block Mainpur, District Gariyaband, Chhattisgarh

... Respondents

For Petitioner : Mr. Ghanshyam Patel, Adv. For Respondent/ State : Mr. Rishabh Bisen, P. L.

({Hon'ble Shri Justice Sachin Singh Rajput})

Order on Board

04/09/2024

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The instant petition has been filed seeking following relief:-

10.1 Issue appropriate writ, order or direction quashing the order dated 18.07.2024 ( Annexure P-1)(wrongly mentioned as 18.07.2023) passed by respondent No.3. 10.2 Any other writs and directions that may be deemed fit and just in the facts and circumstances of the case.

Learned counsel for the petitioner submits that the petitioner may be permitted to make a representation with regard to grievances as projected in the writ petition.

On the other hand, learned State counsel does not oppose the submission and submits that representation of the petitioner shall be decided in accordance with law.

Heard learned counsel for the parties and perused the record.

Be that as it may, the petitioner is at liberty to file a fresh representation within a period of 10 days from the date of receipt of copy of this order before concerned respondents/ competent authority. On such representation is made, it is directed that the respondent/ competent authority to take decision on the representation made by the petitioner in accordance with law within stipulated time preferably within a period of 30 days from the date of presentation of representation.

Accordingly, the petition is disposed of with aforesaid observations and directions. All pending applications if any, stand disposed of.

It is made clear that this Court has not expressed any opinion on the merits of the case.

Sd/-

({Sachin Singh Rajput})

JUDGE

Parul