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2026:CGHC:22133

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

CONT No. 954 of 2021

Jayantrao Gaikwad, S/o Shri Rajeshwar Rao Gaikwad, Aged About 64 Years

Residence Of Marathapara Dhamtari Road District - Dhamtari Chhattisgarh

(Petitioner)

... Petitioner(s)

versus

1 - Manish Mishra, The Commissioner, Municipal Corporation Dhamtari

District - Dhamtari Chhattisgarh, District : Dhamtari, Chhattisgarh

2 - Anil Rai, Managing Director, Chhattisgarh Infrastructure Development

Corporation Limited, Second Floor, Old Police Head Quarter Premises Raipur

Chhattisgarh (Proposed Contemnors)

3 - S.K. Sundrani Joint Director, Urban Administration And Development

Department, Indravati Bhavan, Atal Nagar, Naya Raipur, District Raipur (C.G.)

(As Per Honble Court Order Dated 28-08-2023)

4 - Vinay Kumar Poyam Commissioner, Municipal Corporation Dhamtari,

District Dhamtari (C.G.)

... Respondent(s)

For Petitioner :Mr. Prakash Tiwari with Mr. V. Jayant Kumar,

Advocates

Digitally

signed by

PRAVEEN

KUMAR

SINHA

Date:

2026.05.14

10:22:59

+0530

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For Resp. No.1 :Mr. Sandeep Dubey, Advocate along with

Mr. Nirala Gupta, Advocate

For Resp. No.2 :Mr. Vibhore Goverdhan, Advocate

For Resp. No.3 & 4 :Mr. Pankaj Agrawal, Advocate

S.B.: Hon'ble Shri Parth Prateem Sahu, Judge

Order on Board

11/05/2026

1. Pursuant to direction issued by this Court,

respondents/contemnor No. 1, 3 & 4 are present before this Court in

person.

2. This contempt petition has been filed alleging willful

disobedience of the order dated 24.06.2021 passed in WPS No.2865

of 2021.

3. Learned counsel for the petitioner submits that there was specific

direction in the order, subject matter of contempt, to consider and take

decision on the representation to be submitted by petitioner within

specified time frame keeping in view the circular issued by State Govt.

from time to time and orders of absorption passed with respect to

similarly placed employees. Order passed by this Court was not

complied with and no decision has been taken. After long time of filing

of contempt petition, respondent No.4 has taken a decision on

representation rejecting the claim of petitioner on erroneous

consideration without considering the circular issued by the State Govt.

and therefore there is willful disobedience of the order by respondent

No.4. He also referred to circular dated 14.07.2016 issued by the Joint

Director Town Administration and Development Department Raipur and

submitted that in the said circular addressed to Commissioner,

Municipal Corporation, Beergaon and Dhamtari it is specifically

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mentioned that if posts are not available for absorption then

supernumerary posts are to be created and if posts are available then

to absorb the employees who have been posted on deputation after

abolition of State Road Transport Corporation. Petitioner was initially

employed with Madhya Pradesh State Road Transport Corporation

(MPSRTC) and after formation of Sate of Chhattisgarh, State of

Chhattisgarh has taken a decision to abolish the Transport Corporation

and accordingly employees posted within the territorial jurisdiction of

Chhattisgarh, employees of Transport corporation were directed to

work under Chhattisgarh Infrastructure Development Corporation

(CIDC) and thereafter the petitioner has been sent on deputation with

Municipal Corporation Dhamtari.

4. Mr. Pankaj Agrawal, learned counsel for respondents No.3 & 4

would oppose the submission of learned counsel for the petitioner and

would submit that claim of petitioner for regularization/absorption was

earlier rejected vide order dated 17.08.2015. The said order was not

put to challenge before any authority or before the Court. He

contended that in the meantime, petitioner after attaining age of

superannuation, retired from service on 30.09.2017. He submits that

writ petition is filed only in the year 2021 after retirement from service

and petitioner was even otherwise was not entitled for absorption after

retirement . He contended that in compliance with order passed in writ

petition and direction i