Chaitin Bai v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 5276 of 2021

1. Chaitin Bai W/o Ramesh Kumar Patel Aged About 50 Years R/o Village Khoha Tahsil Baloda President Jai Maa Tirpur Sundari Mahila Saw Sahayata Samuh Khoha, District Janjgir Champa Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Department Of Women And Child Development Management, Mahanadi Bhavan, Naya Raipur, District Raipur Chhattisgarh.

2. The Collector, District Janjgir Champa Chhattisgarh.

3. Smt. Narbadiya Bai W/o Shri Ashok Kumar President Bhagwan Gudi Mahila Swa Sahayata Village Pahriya, Tahsil Balode, District Janjgir Champa Chhattisgarh.

4. District Program Officer, Women And Child Development Department, District Janjgir Champa Chhattisgarh.

5. Project Officer, Integrated Child Development Project, Baloda, District Janjgir Champa Chhattisgarh.

6. Smt Devkumari Mathur Worker, Aganbadi Kendra, No. 115, Village Pahriya, Tahsil Baloda, District Janjgir Champa Chhattisgarh.

7. Smt. Parvati Chouhan Worker Aganbadi Kendra No. 56, Village Pahriya, Tahsil Baloda District Janjgir Champa Chhattisgarh.

8. Smt. Nulendra Harvansh, Supervisor, Integrated Child Development Project, Baloda Area Pahriya Tahsil Baloda, District Janjgir Champa --Respondents For Petitioner :

Mr. Parag Kotecha, Advocate.

For Respondent :

Ms. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice P. Sam Koshy Order On Board 17.12.2021

1. Aggrieved by the order dated 29.10.2021 (Annexure P/3), the present writ petition has been filed.

2. Vide the said impugned order, the District Collector, in an appeal inrespect-of a dispute pertaining to allotment of work under the ready to eat program of the State Government, has rejected the appeal of the petitioner.

3. According to the State Counsel, the impugned order has been passed under the departmental guidelines dated 3rd of December 2019, which is still in force. That under the said guidelines, there is also a provision of second appeal against an order passed by the Collector in a first appeal as would be evident from clause-9 of the said guidelines.

4. Given the fact that the matter is an appealable order under the guidelines of 2019 and moreover taking note of the fact that the order to provide ready to eat meal have already been awarded in favour of respondent No. 3 and who have already acted upon the same and is presently discharging the said work, it would be more appropriate, if the writ petition at this juncture is disposed of permitting the petitioner to assail the impugned order (Annexure P/3) in-terms-of the clause-9.1 of the guidelines of 2019. Subject to the petitioner preferring an appeal, the Appellate Authority is expected to take a decision on the appeal purely on its own merits taking into consideration the entire facts and circumstances of the case and the records at the earliest in-terms of the guidelines.

5. The present writ petition accordingly stands disposed of. SD/- P. Sam Koshy Judge