The Commissioner Municipal Corporation Raipur v. Smt. T. Anjali Naykar

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 684 OF 2018 The Commissioner Municipal Corporation Raipur District Raipur, Chhattisgarh. ---- Appellant

Versus

1. Smt. T. Anjali Naykar W/o Shri Tyagraj Naykar Aged About 47 Years Post Shiksha Karmi Grade-Il, Under The Government Middle School Paras Nagar, Raipur, District Raipur, Chhattisgarh.

2. Smt. Richa Sahu W/o Rudramani Sahu Aged About 46 Years Post Shiksha Karmi Grade-Il, Under The Government Higher Middle School, Kabir Nagar Raipur, District Raipur, Chhattisgarh.

3. Smt. Anuj Dubey W/o Shri Ashok Kumar Dubey Aged About 45 Years Post Shiksha Karmi, Grade- Il, Under The Government Middle School Gondwara, Raipur, District Raipur, Chhattisgarh.

4. State Of Chhattisgarh Through Secretary, Urban Administration And Development Department, Mahanadi Bhawan, New Mantralaya, District Raipur, Chhattisgarh.

5. The Director Directorate Of Urban Administration And Development Department, Indrawati Bhawan, D- Block, 4th Floor, New Mantralaya, District Raipur, Chhattisgarh.

6. The Collector Raipur, District Raipur, Chhattisgarh.

7. The District Education Officer Raipur, District Raipur, Chhattisgarh.

8. The Block Education Officer, Block Dharsiwa, Raipur, District Raipur, Chhattisgarh.

---- Respondents For Appellant : Mr. H.B. Agrawal, Senior Advocate with Ms. Deepali Dubey, Advocate For Respondent/State : Mr. P. K. Bhaduri, Govt. Advocate Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Judgment on Board 01/10/2018 Per Ajay Kumar Tripathi, Chief Justice 1.

Heard counsel for the parties.

2.

The direction of the learned Single Judge contained in paragraph-4 of the order dated 10/10/2017 is unambiguous. The Corporation cannot hide behind a

notification dated 30/06/2018 issued by the State of Chhattisgarh as a ploy or reason to not comply with the order of the learned Single Judge by moving the High Court in appeal on 06/09/2018. Enough time was available in their hands to implement the order and even otherwise, a direction or notification dated 30/06/2018 of the State Government cannot come in the way of implementation of judicial order already passed prior to the said notification. 3.

The appeal has no merit. It is dismissed.

Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) CHIEF JUSTICE JUDGE Yogesh