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High Court Of ChhattisgarhWPS/4564/2021petition remitted back for fresh consideration

Tulika Prajapati, v. State Of Chhattisgarh,

2021-09-16Hon'Ble The Acting Chief Justice,Hon'Ble Smt. Justice Rajani Dubey3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4564 of 2021

1. Tulika Prajapati, D/o Shri Praveen Kumar Prajapati, Aged About 39 Years, Occupation - Service, Presently Posted and Working as Chief Executive Officer, Zila Panchayat Balrampur, Ambikapur, District Sarguja (C.G.), as mentioned in the order Impugned Through Secretary, Government Of C.G. Department of General Administration, Mahanadi Bhawan, Nava Raipur, Atal Nagar District - Raipur Chhattisgarh.

2. Smt. Jayshree Jain, W/o Jayant Bhura, Aged About 42 Years Occupation Service Presently Posted and Working as Additional Collector, Bilaspur, District Bilaspur (C.G.), as mentioned in the order Impugned Through Secretary, Government of C.G. Department of General Administration, Mahanadi Bhawan, Nava Raipur, Atal Nagar District - Raipur Chhattisgarh.

3. Priyanka Hrishi Mahobia, W/o Dr. Hrishi Kumar Mahobia, Aged About 44 Years Occupation- Service Presently Posted And Working As Chief Executive Officer, Zila Panchayat Dhamtari, District (C.G.) as mentioned in the order Impugned Through Secretary, Government of C.G. Department of General Administration, Mahanadi Bhawan, Nava Raipur, Atal Nagar District - Raipur Chhattisgarh.

4. Roktima Yadav, W/o Vinay Kumar Yadav, Aged About 41 Years Occupation - Service, Presently Posted And Working As Deputy Director, General Administrative Department, Naya Raipur (C.G.) As Mentioned In The Order Impugned Through Secretary, Government Of C.G. Department Of General Administration, Mahanadi Bhawan, Nava Raipur, Atal Nagar District - Raipur Chhattisgarh.

5. Deepak Kumar Agrawal, S/o Late Shri B.P. Agrawal, Aged About 43 Years Occupation Service Presently Posted And Working As Deputy Secretary, Rajbhawan, District Raipur (C.G.) as mentioned in the order Impugned Through Secretary, Government of C.G. Department Of General Administration, Mahanadi Bhawan, Nava Raipur, Atal Nagar District - Raipur Chhattisgarh.

6. Smt. Chandan Sanjay Tripathi, W/o Sanjay Tripathi, Aged About 47 Years Occupation Service, Presently Posted And Working As Additional Director, Higher Education, Raipur, District - Raipur (C.G.) as mentioned in the order Impugned Through Secretary, Government of C.G. Department of General Administration, Mahanadi Bhawan, Nava Raipur, Atal Nagar District - Raipur Chhattisgarh

7. Dr. Fariha Alam, W/o Mateen Siddiqui, Aged About 44 Years Occupation Service, Presently Posted And Working As Chief Executive Officer Zila Panchayat - Balodabazar, District Balodabazar - Bhatapara (C.G.) as mentioned in the order Through Secretary, Government of C.G. Department of General Administration, Mahanadi Bhawan, Nava Raipur, Atal Nagar District - Raipur Chhattisgarh. ---- Petitioners

Versus

1. State of Chhattisgarh, Through its Chief Secretary, Government of C.G., Mahanadi Bhawan, Nava Raipur, Atal Nagar District - Raipur Chhattisgarh.

2. Union of India Through its Secretary, Ministry of Personal Public Grievance & Pension, Department of Personnel & Training, New Delhi.

3. Secretary, Government of C.G. Department of General Administration, Mahanadi Bhawan, Nava Raipur, Atal Nagar District - Raipur Chhattisgarh.

4. Union Public Service Commission Through its Secretary, Dholpur House, Shahjahan Road, New Delhi.

5. Hina Animesh Netam, D/o Late Shri Komal Ram Mandavi, Aged About 45 Years, Occupation Additional Collector, Presently Posted as Joint Commissioner, Land Records, Raipur (C.G.) R/o Satyam Vihar, Near Shivam School, Raipura, Raipur Chhattisgarh.

---- Respondents For Petitioners : Shri Rajeev Shrivastava, Senior Advocate with Shri Sourabh Sahu, Advocate.

For Respondents No. 1 & 3: Shri Raghvendra Verma, G.A. For Respondent No.2 : Shri Ramakant Mishra, Assistant Solicitor General For Respondent No.5 : Shri Raghavendra Pradhan with Shri S.P. Kale, Advocate Hon'ble Shri Prashant Kumar Mishra, Acting Chief Justice & Hon'ble Smt. Justice Rajani Dubey Order on Board 16/09/2021 Per Hon'ble Shri Prashant Kumar Mishra, Acting Chief Justice

1. In this writ petition under article 226 of the Constitution of India, the petitioners have called in question the order passed by Central Administrative Tribunal (CAT), Jabalpur Bench on 16.07.2021 in MA No. 200/387/2021 in pending original application No.200/00138/2021.

2. It is common ground, after examination of record of the Central Administrative Tribunal (CAT) which is available before this Court by learned counsel for both the parties, that the petitioners were not heard while passing the impugned order deciding MA No. 200/387/2021.

3. In view of the above, both the parties have agreed that the matter may

be remitted back to the Central Administrative Tribunal (CAT) for deciding MA No. 200/387/2021 afresh after hearing both the parties.

4. In view of the above, the impugned order disposing MA No. 200/387/2021 is set aside and the matter is remitted back to the Central Administrative Tribunal (CAT) for deciding MA No. 200/387/2021 within a period of 15 days from the date of appearance of the parties.

5. The parties shall appear before the CAT on 30.09.2021.

6. Record of MA No. 200/387/2021 be sent back so that it reaches Central Administrative Tribunal (CAT) before 30.09.2021.

7. The writ petition stands disposed of.

Sd/- Sd/- (Prashant Kumar Mishra) (Rajani Dubey) Acting Chief Justice Judge R/-