Jai Mata Mahila Swa Sahayata Samuh, Kandekela, Samiti v. The State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 154 of 2018 Jai Mata Mahila Swa Sahayata Samuh, Kandekela, Samiti Through Its President Smt. Namrata Sinha, Wife Of Shri Domar Singh Sinha , Aged About 32 Years , R/o Village Kandekela , Block Mainpur, Tehsil Mainpur District Gariyaband Chhattisgarh., District : Gariyabandh, Chhattisgarh ---- Appellant

Versus

1. The State Of Chhattisgarh Through The Secretary , Women And Child Development Department Mantralaya Mahanadi Bhawan Naya Raipur Chhattisgarh.

2. The Collector Gariyaband District Gariyaband Chhattisgarh.

3. District Program Officer Women And Child Development Department Gariyaband District Gariyaband Chhattisgarh.

4. Project Officer , Integrated Child Development Project Mainpur , District Gariyaband Chhattisgarh.

---- Respondents s For Appellant : Shri P.P. Sahu, Advocate For State : Shri R.K. Gupta, Deputy Advocate General Hon'ble Shri Manindra Mohan Shrivastava, Judge & Hon'ble Shri Sharad Kumar Gupta, Judge Judgment On Board Per Manindra Mohan Shrivastava, Judge 21/03/2018

1. Heard.

2. This appeal has been preferred against the order dated 16/02/2018 passed in Writ Petition (C) No. 421 of 2018 leaving the petitioner to workout remedy of appeal.

3. Learned counsel for the appellant would submit that the work allotted to the petitioner was brought to an end without hearing

the petitioner. According to him the petitioner has substantial ground to satisfy the authority that the present policy would not apply to him and he is entitled to continue for five years.

4. Without commenting upon the merits taken into consideration that the learned single Judge has exercised the discretion directing the petitioner to prefer an appeal which is available both under the old and the new policy, we are not inclined to interfere. However, we direct that in case the petitioner prefers an appeal, the Collector shall decide the appeal taking into consideration the specific provision contained in the policy. The appeal itself shall be decided within a period of 45 days and if the petitioner moves any application for stay, the appellate authority shall also decide the stay application within 10 days from the date of submission of application. The limitation of 30 days for filing appeal shall commence only from today.

Sd/- Sd/- (Manindra Mohan Shrivastava) (Sharad Kumar Gupta) Judge Judge Kamde