Kamlesh Prajapati Vs Union of India — Chhattisgarh HC (2024) — LawSathi Research

Kamlesh Prajapati Vs Union of India — Chhattisgarh HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner permitted to submit a detailed representation before respondent No.2/competent authority within 30 days of receipt of the order; respondent No.2 expected to decide on that representation within a further 120 days in accordance with relevant rules and law; certified copy as per rules.

Issue for consideration

Whether the respondents may be directed to consider and decide the petitioner's pending representation (Annexure P/11) ventilating his grievances.

Court's answer

Without entering into the merits, the court disposed of the writ petition, permitting the petitioner to make a detailed representation before the respondent No.2/competent authority raising all grievances projected in the writ petition, together with a copy of the petition, within 30 days from receipt of the order.

Ratio / Principle

On submission of such detailed representation, the respondent No.2/competent authority is expected to take a decision on it within a further period of 120 days, in accordance with the relevant rules and law applicable to the petitioner's case.

Detailed headnote1 paragraphs

WPS No. 5450 of 2024 (High Court of Chhattisgarh, Bilaspur), single-judge order dated 05/09/2024 by Hon’ble Shri Justice Sachin Singh Rajput: four staff members associated with an Eklavya Model Residential School sought that their grievance representation (Annexure P/11), already lodged with the respondents, be considered and decided. Without entering into the merits, the writ petition was disposed of, permitting the petitioner to submit a detailed representation raising all grievances, along with a copy of the petition, to respondent No.2/competent authority within 30 days from receipt of the order, and it was expected that respondent No.2 would decide on such representation within a further 120 days in accordance with the relevant rules and law. Certified copy as per rules. No statutory provision or precedent was engaged with; no impugned order was identified.

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2024:CGHC:34692

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

WPS No. 5450 of 2024

1 - Kamlesh Prajapati S/o Shri Ram Janam Prajapati Aged About 33 Years Occupation- Assit Grade- 3, R/o Ward No. 3, Godhanpur, Ambikapur, District Sarguja, Chhattisgarh.

2 - Jyoti Shrivastav D/o Durga Prasad Shrivastav Aged About 45 Years OccupationT.G.T. Science, R/o Dr. Rajendra Prasad Ward, Ambikapur, District Sarguja, Chhattisgarh.

3 - Khirodhar Yadav S/o Ratu Alias Bhuvan Aged About 49 Years Occupation- T.G.T. Social Science, R/o Village Chathirma, P.O. Latori, Sarguja, Chhattisgarh.

4 - Mathurlal Deewan S/o Late Rai Singh Deewan Aged About 51 Years OccupationT.G.T. Physical Education, R/o Ward No. 7, Chilhati, Rajnandgaon, Chhattisgarh.

... Petitioners

versus

1 - Union Of India Through Its Secretary Of Ministry Of Tribal Affairs, Ground Floor, D Wing, Shastri Bhawan, New Delhi, Delhi, 110001.

2 - National Education Society For Tribal Students (N.E.S.T.S) Through Its Commissioner, Ground Floor, Gate No. 3 A, Jeevan Tara Building, Parliament Street, New Delhi, 110001

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3 - State Of Chhattisgarh Through Secretary Of Tribal And Schedule Caste Development Department, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh.

4 - Chhattisgarh State Level Tribal Community Welfare, Residential And Ashram Educational Institutions Committee, Through Its Ex-Officio Secretary, Commissioner, Block-D, Ground Floor, Indrawati Bhawan, Atal Nagar, Naya Raipur, District Raipur, Chhattisgarh.

5 - District Level Tribal Welfare, Residential And Ashram Educational Institutions Committee Through Its Ex-Officio Chairman, Collector, Ambikapur

6 - Principal Eklavya Model Residential School, Kamleshwarpur, Mainpat

... Respondents

For Petitioners : Mr. Abhinav Dubey, Advocate For Union of India : Mr. Tushardhar Diwan, Central Government Counsel For State : Mr.Sabyasachi Choubye, Panel Lawyer

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

Order On Board

05/09/2024

Heard.

Learned counsel for the petitioner submits that the petitioner has already made a representation before the respondents (Annexure P/11) ventilating his grievances and the same has not been decided as yet, the respondent authority may be directed to consider and decide the pending representation of the petitioner (Annexure P/11) in accordance with the rules and law applicable to the case of petitioner within the stipulated period of time.

The proposition advanced by the learned counsel for the petitioner is not opposed by the learned counsel for the respondents.

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Be that as it may, apart from the representation submitted by the petitioner, at this stage, without entering into the merits of the case, this writ petition is disposed of permitting the petitioner to make a detailed representation before the respondent No.2/competent authority raising all his grievances as projected in this writ petition along with the copy of this petition within ‘30 days’ from date of receipt of copy of this order and on submission of such representation, it is expected that the respondent No.2/competent authority shall take decision on the said representation within the further period of ‘120 days’ in accordance

with the relevant rules and law applicable to the case of petitioner..

Accordingly, this petition is disposed of.

Certified Copy as per rules.

Sd/-

(Sachin Singh Rajput) JUDGE

Abhigya.S