Bhagirati Kaiwartya v. Jitendra Kumar Shukla

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 658 of 2021 Bhagirati Kaiwartya S/o Shri Budhaw Ram Kaiwartya, Aged About 42 Years, R/o Village Budgahan, Tahsil Janhgeet, District Janjgir Champa, Chhattisgarh. Posted At Panchayat Secretary, Birkoni, Janpad Panchayat, Akaltara, District Janjgir-Champa, Chhattisgarh. ---- Petitioner

Versus

Jitendra Kumar Shukla, Collector, Janjgir-Champa, District Janjgir Champa, Chhattisgarh.

---- Respondent For Petitioner :

Mr. Mohit Kumar, Advocate For Respondent :

Mr. Jitendra Pali, Dy. Advocate General Hon'ble Shri Justice P. Sam Koshy Order On Board 29.10.2021

1. The present contempt petition has been filed alleging the non-compliance of the order dated 21.01.2021 passed by this Court in WPS No. 5431/2020.

2. Today, when the matter is taken up for hearing, learned counsel for the respondent submits that on verification of records it has been found that the Chief Executive Officer, Zila Panchayat, Janjgir-Champa had already vide order dated 12.02.2020 denied the benefit of consequential relief to the petitioner and pursuant to the order dated 12.02.2020 the petitioner has already given his joining in the department. However, the said order dated 12.02.2020 has not been further challenged by the petitioner and therefore the Collector would not be in a position to take an appropriate decision unless the order dated 12.02.2020 is challenged and set aside.

3. Given the aforesaid facts and circumstances of the case, this Court is of the opinion that since the respondents have already taken a decision on 12.02.2020 denying the petitioner his claim for consequential benefits, the only option left for the petitioner is to challenge the said order dated 12.02.2020.

4. Accordingly, reserving the right of petitioner to assail the order dated 12.02.2020 passed by the Chief Executive Officer, Zila Panchayat, Janjgir-Champa, the present contempt petition in its present form stands disposed of.

Sd/- P. Sam Koshy Judge Khatai