Disposed

Smt. Kiran Tiwari v. State of Chhattisgarh

Chhattisgarh HC11 Sept 2024WPS/5626/2024

Case brief

AI extract

What is this about?

Hearing a Writ Petition, the High Court of Chhattisgarh, noting that the issue was previously decided by a Division Bench and reliefs granted to similarly situated persons, disposed of the matter by directing petitioners to submit representations to respondents within 30 days for decision within 120 days.

What did the court decide?

Permission to make representation within 30 days; respondents to decide within 120 days; order subject to Supreme Court order.

Smt. Kiran Tiwari Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2024)

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2024:CGHC:35746

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 5626 of 2024

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1 - Smt. Kiran Tiwari W/o Shri Sudhir Tiwari Aged About 66 Years R/o 213, In Front Of Irani Dera, Ward No. 40, Durg, District Durg Chhattisgarh

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... Petitioners

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versus

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1 - State Of Chhattisgarh Through Secretary, Department Of Higher Education, Mahanadi Bhawan, Mantralaya Atal Nagar, Nawa Raipur, District Raipur Chhattisgarh

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2 - Commissioner Higher Education, Govt. Of Chhattisgarh, Indiravati Bhavan, Nava Raipur, District Raipur Chhattisgarh

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... Respondents

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For Petitioners : Mr. Manish Upadhyay, Advocate For Respondent : Mr. Kalpesh Ruparel, Panel Lawyer

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Hon'ble Shri Justice Sachin Singh Rajput Order On Board

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12.09.2024

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Heard.

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At the outset learned counsel for the petitioners submits that the issue involved in these petitions has already been decided by the Co-ordinate Bench of this Court vide order dated 05.03.2019 passed in W.P. No. 407/2005 and other connected matters and that the reliefs claimed therein have already been granted to the similarly situated persons in those cases. In those matters even the Writ Appeal No. 111/2022 also met

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the fate of dismissal. Subsequently, other petitions also came to be disposed of issuing a direction for deciding the representation to be preferred by the petitioners in the light of aforesaid order passed by learned Single Judge and then maintained by the Vision Bench as well. He thus submits that purpose of these petitions would be served if the same order which has been passed in WPS. No. 1663/2022 vide order dated 20.08.2024 is passed in this case as well.

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On the other hand, learned State counsel does not have any objection to this proposition of the counsel for the petitioners. He however submits that against the order dated 25.08.2023 passed in WA No. 111/2022 and other connected appeals the State is in the process of challenging the same before the Supreme Court by filing Special Leave Petition and therefore he submits until and unless some order is passed by the Supreme Court, it cannot be said that the case of the petitioners is squarely covered with the order passed in the Writ Appeals arising out of the WP 407/2005 and other connected petitions.

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Be that as it may, as the issue involved in these petitions has already been decided by the Division Bench of this Court and the reliefs claimed in the petitions have already been granted to the similarly situated persons in those cases, and the appeal has also been dismissed. Therefore, in stead of keeping these petitions pending, this Court is of the opinion that ends of justice would be served if these petitions are disposed of permitting the petitioners to make representation along with copy of the orders passed in WA Nos. 111/2022 and in WP No. 407/2005 to respondents No. 1 and 2 within a period of 30 days days from the date of receipt of copy of this order and the respondents No. 1 and 2 in turn are expected to decide the same within a further period of 120 days from the date on which such representation is presented before them. Needless to say, this order would be subjected to any order passed by the Supreme Court.

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Sd/- (Sachin Singh Rajput) Judge

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Abhigya.S

Smt. Kiran Tiwari v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Smt. Kiran Tiwari v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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