Jagat Behera v. Smt. Chandan Sanjay Tripathi

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 1060 of 2018

1. Jagat Behera S/o Shri Chintaram Behera, Aged About 32 Years Presently Working As Teacher Panchayat, Government Middle School, Purunga, Block Dharamjaigarh, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

2. Agnecia Ekka W/o Shri Shital Ekka, Aged About 33 Years Presently Working As Teacher Panchayat Govt. Middle School, Darridih, Block Dharamjaigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh

3. Khelawan Kumar Nirala S/o Shri Jharokha, Aged About 32 Years Presently Working As Teacher Panchayat, Government Middle School, Aamakoni, Block Sarangarh, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

4. Vijay Kumar S/o Shri Ravi Shankar, Aged About 32 Years Presently Working As Teacher Panchayat, Government Middle School Jamargidi, Block Dharamjaigarh, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

5. Smt. Rashmi Patel W/o Shri Rajendra Kumar Patel, Aged About 31 Years Presently Working As Teacher Panchayat, Government Pre Middle School, Jasra, Block Sarangarh, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh

6. Rajendra Prasad Rathore S/o Shri Mitthu Lal Banjara, Aged About 37 Years Presently Working As Teacher Panchayat, At Government Middle School, Nawapara, Block Gharghoda, District Raigarh Chhattisgarh, District : Raigarh, Chhattisgarh ---- Petitioners

Versus

1. Smt. Chandan Sanjay Tripathi Presently Working As Chief Executive Officer, Zila Panchayat, Raigarh, District Raigarh Chhattisgarh., District : Raigarh, Chhattisgarh

2. Gaurav Dwivedi, Presently working as Secretary, School Education Department, Mahanadi Bhawan, Naya Raipur, District- Raipur (CG) ---- Respondent For Petitioners : Shri Vivek Kumar Agrawal, Advocate For Respondent No.1 : Shri Shashank Thakur, Advocate S.B. : Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board

-203/01/2020

1. This petition has been filed by the petitioner alleging willful disobedience of order dated 25.1.2018 passed in batch of petitions including petition filed by the present petitioners. By the said order, this Court had directed Jila Panchayat, Raigarh to re-examine the whole issue in the light of various communications referred to therein.

2. Contempt petition has been filed alleging that till date, no final orders have been passed in case of the petitioners though the Jila Panchayat, Raigarh, at its level had constituted a Committee and made a recommendation for preparing a select list including the petitioners herein.

3. In this case, the Chief Executive Officer, Jila Panchayat, Raigarh has filed her affidavit stating that in compliance of the order of this Court, petitioners' cases were re-examined and a select list was also prepared but in the meantime the control of the school has been taken over by the School Education Department of the State of Chhattisgarh and, therefore, no further steps could be taken by the Chief Executive Officer, Jila Panchayat, Raigarh.

4. Learned counsel for the respondent further draws attention of this Court to the communications dated 29.6.2018, 19.9.2018 and 22.12.2018 addressed to the Director, Panchayat, Chhattisgarh.

5. Taking into consideration the subsequent development as aforesaid, the petitioners were permitted to implead as one of the parties, Secretary, Department of School Education, Govt. of Chhattisgarh.

6. It appears that respondent No.1 though re-examined the case of the petitioners and also prepared select list, orders cannot be issued because in the meantime, the concerned School where the petitioners are posted and working has been taken over under its control by the State Government in the Department of School Education.

7. In view of the aforesaid consideration, no further proceedings can be drawn against the Chief Executive Officer, Jila Panchayat, Raigarh and contempt proceedings therefore dropped.

-38. It appears that the order of this Court has not been brought to the notice of the Secretary, Department of School Education that proper orders are required to be passed in the case of the petitioners in compliance of the direction issued by this Court. The Secretary, Department of School Education, Govt. of Chhattisgarh is therefore obliged under the law and consequently directed to take necessary steps and pass appropriate orders in compliance of the order of the Court within a period of three months from the date of receipt of copy of this order which is now being passed.

9. The contempt petition is accordingly disposed off. Sd/----/-/----- (Manindra Mohan Shrivastava) Judge Praveen