Surendra Kumar Jaiswal Vs State of Chhattisgarh

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2025:CGHC:35671

NAFR

Digitally signed by AYUSHI AYUSHI SINGH HIGH COURT OF CHHATTISGARH AT BILASPUR SINGH Date: 2025.07.26 12:22:47 +0530

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MCC No. 741 of 2025

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1 - Surendra Kumar Jaiswal S/o Rajkumar Jaiswal Aged About 40 Years Posted As Lecturer, Lb, Govt. Girls Higher Middle School Manendragarh, District- Manendragarh- Chirmiri- Bharatpur (C.G.). ...Applicant

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versus

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1 - State Of Chhattisgarh Through The Secretary Panchayat And Rural Development Department, Mahanadi Bhawan Ministry Nava Raipur (C.G.)

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2 - Secretary School Education Department Mahanadi Bhawan Ministry Nava Raipur (C.G.)

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3 - Collector Manendragarh, District- Manendragarh- Chirmiri- Bharatpur (C.G.).

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4 - Chief Executive Officer Janpad Panchayat Manendragarh, DistrictManedragarhChirmiriBharatpur (C.G.). 5 - District Education Officer Manendragarh, District- Manendragarh- ChirmiriBharatpur (C.G.)

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6 - Block Education Officer Manendragarh, District- Manendragarh-ChirmiriBharatpur (C.G.) ... Respondents

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For Applicant : Mr. Sanjeev Verma, Advocate For Respondent/State : Mr. Amandeep Singh, PL

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2

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(Hon’ble Shri Justice Naresh Kumar Chandravanshi)

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Order on Board

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24/07/2025

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This MCC is preferred for modification in the cause title of order dated 14.2.2024 passed in WPS No.941/2024 by the Co-ordinate Bench and by way of such modification either the CEO, Jila Panchayat, Korea, Distt. Korea be impleaded, as a newly added respondent or it be permitted to be impleaded in place of respondent No.4/ Chief Executive Officer, Janpad Panchayat, Manendragarh, District Manendragarh Chirmiri Bharatpur (C.G.).

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Vide order dated 14.2.2024, passed by the Co-ordinate Bench in WP(S) No.941/2024, following order was passed in paragraph 3:-

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“3. On the basis of submissions, without going into merits of the case, this writ petition is disposed of at this stage directing respondent No.4/competent authority to consider and decide the pending representation 17.01.2024 (Annexure P/2) of the petitioner in accordance with relevant laws and rules/polices, within an outer limit of “ 45 days ” from the date of receipt of certified copy of order of this Court”

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Learned counsel for the applicant submits that applicant is posted as Lecturer Local Body (LB) at the Government Girls Higher Middle School, Manendragarh, Distt. Manendragarh-Chirmiri-Bharatpur (C.G.). He further submits that applicant had preferred the writ petition (S)

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No.941/2024, as he was not granted arrears of revised pay scale. The said writ petition was disposed of vide order dated 14.2.2024 (Annexure A1) passed by the Co-ordinate Bench, directing the respondent No.4/competent authority to decide the representations of the applicant in accordance with law and rules preferably within an outer limit of 45 days from the date of receipt of copy of this order. He next submits that competent authority of applicant is the Chief Executive Officer (CEO), Jila Panchayat, Korea, District Korea (C.G.), but, inadvertently, instead of the Chief Executive Officer (CEO), Jila Panchayat, Korea, District Korea (C.G.), the Chief Executive Officer (CEO), Janpad Panchayat, Manendragarh, District ManendragarhChirmiri-Bharatpur (C.G.) was made party in the writ petition, therefore, application/ representation in compliance of order dated 14.2.2024, was not accepted by the Chief Executive Officer (CEO), Korea, District Korea. Hence, the order dated 14.2.2024, may be modified by permitting the applicant to implead the Chief Executive Officer, Jila Panchayat, Korea, District Korea in WP(S) No.941/2024 as respondent, instead of the Chief Executive Officer (CEO), Janpad Panchayat, Manendragarh, District Manendragarh-Chirmiri-Bharatpur (C.G.)

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Per contra, learned State counsel raise objection to the above prayer made by learned counsel for the applicant.

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Since order has already been passed by the Co-ordinate Bench in WP(S) No.941/2024 on 14.2.2024, mentioning cause title as per the writ petition in which the Chief Executive Officer (CEO), Jila Panchayat, Korea, District Korea (C.G.) was not made party, now applicant cannot be permitted to implead the Chief Executive Officer (CEO), Jila

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Panchayat, Korea, District Korea (C.G.) as respondent in the writ petition. Therefore, I do not feel inclined to modify the order dated 14.2.2024.

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However, earlier, Manendragarh was part of Korea District, subsequently, after bifurcation of area of Korea District (C.G.), Manendragarh-Chirmiri-Bharatpur District came into existence, therefore, it seems that bonafide mistake was committed by the counsel for the applicant in impleading party in writ petition. Hence, applicant may file appropriate application before the Collector, Manendragarh District Manendragarh-Chirmiri-Bharatpur (C.G.) along with copy of the order dated 14.2.2024 and copy of this order. Thereafter, the Collector, Manendragarh District ManendragarhChirmiri-Bharatpur (C.G.) may redirect that application to the Chief Executive Officer (CEO), Jila Panchayat, Korea, District Korea (C.G.) for compliance of order dated 14.2.2024 passed by the Co-ordinate Bench in WP(S) No.941/2024.

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Accordingly, the MCC stands disposed of.

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SD/-

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( Naresh Kumar Chandravanshi ) JUDGE

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Ayushi

Surendra Kumar Jaiswal v. State of Chhattisgarh

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Surendra Kumar Jaiswal v. State of Chhattisgarh

Case brief

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