^; HiGH COURT OF CHHATTISGARH AT BiLASPUR }VICCNo.173of2008 APPLiCANT: Dr Shiv Narayan Mishra, aged about 48 years, S/o Late Shri Pandit Jeewan Prasad Mishra, Trained Graduate Teacher, DAV Pubiic Schooi Vasant Vihar, SECL Bliaspurat present DAV Pubiic School, 81 OM Compiex Kirandul, District South Bastar, Dantewada (CG) Versus RESPQNDENTS: ^ 1. 2. 3. 4. Shri Gyan Prakash Chopra, President, DAV CoIIege, Managing Committee, Chjtra Gupta Marg, New Deihi Shri OP. Arora, Regionai Director, DAV Publlc Schoois, M.P./C.G. Zone, Hudco, Bhiiaj, District Durg (CG) Shri Dr. B, Asoka Kumar, Princspal, DAV Pub!ic Schooi, Vasant Vihar, SECL, Biiaspur, DJstrictBiiaspur(CG) 495008 Generai Manager, (in person) South Eastern Coai Fieids Limited, Head Quarter, Bilaspur as the Chajrman of Locai Managing Commjttee, DAV Pubiic Schooi, Vasant Vihar SECL, Biiaspur(CG) 495006 . K c .:^ AND ' MCC No.56 of 2009 APPLJCANT: Dr, Shiv Narayan Mishra, aged about 48 years, S/o Late Shri Pandit Jeewan Prasad Misnra, Tr^ined Graduate Teacher, DAV Public School Bishrampur, SECL, Distt. Surg.uja at present DAV Pubiic Schooi, BiOJVl Kirandul Complex, Kirancilul, District South Bastar, Dantewada (CG) Versys RESPONDENTS: Shri O.P. Arora, Regional Director, DAV Pubiic Schools, M.P./C.G. Zones, Hudco, Bhilai, District Durg (CG) Shri S.N, Choudhury, At present As Director, Shri Ramkrishna Vlvekanand Mission Vjdyapeeth, Kapjldhara, Bijuri, District Anuppur (M.P.) .-.- ^ 3. 4. 5. -t r^' 6. 7. 8. 9. 'c B 10. y 0)) Shri Raj Shekhar Paiiwal, Prindpai, DAV Pubiic School, Bishrampur SECL, District Surguja (CG) Shri TiJak RaJ Samant, At present - As Director, Gurunanak Engiish Senior Secondary School, Sector-6, Bhilai, District Durg (CG) Mrs. Alka Sharma, At present The Prindpal, DAV Publlc Schoo! NMDC, Diamond Project Majhgawan, Panna (M.P.) Shri Sushil Kumar Rai, At present The Prindpa!, DAV Public Schoo! Gevara Project, District Korba (CG) Sh-ri Chittaranjan Ghoshai, Princlpal DAV Pyblic Schooi, BiOM Kirandui Compiex, Kirandui, District South Bastar, Dantewada (CG) Shri A.K. Singh, General Manager South Eastern Coa! Fieids Limited, Bishrampur Area, SECL, Bishrampur As the Chairman, Local Managing Committee DAV Pub!ic Schoot, Bishrampur SECL, DJstrict Surguja (CG) Shri Gyan Prakash Chopra, as the President, DAV Coliege Managing Commlttee, Chitra Gupta Marg, New Deihi110005 Dr. B. Asoka Kumar, Principai, DAV Pubiic School Vasant Vihar, SECL, H.Q. Biiaspur as offjce-in-charge of W.P.4748/1997. Present: Petitioner In person. Shri Ashish Shrivastava, counse! for respondents NoJ to 3 in MCC No.173/08 and for respondents No.1 , 3,4,5, 6, 7 and 10 in MCC No.56/09. Dr. N.K. Shukia, Sr. Advocate with Shri Shaiiendra Shukla Advocate for respondent No.8 in MCC No.56/09. Divjslon Bench: Hon'ble Shri Dhirendra iVIIshra & Hon'foleShn R.N. Chandrakar. JJ. O R DE R (4-3-2010) /' ii ^ ^ m •^: •^ K 1. The aforesaid MCCs are being disposed of by thls common order as the appiicant has prayed for simllar reliefs in both the appiications. 2. The applicant has fiied these applications and prayed for the fojfowing reliefs:- • Hence, it is humbiy prayed that in view of the above the appropriate dsrection may kindly be made to the proper authority to reglster a crimina! case against the respondents for submlttlng wrong statemente and faise affidavits before this Hon'bie Court in the proceedings as mentioned above and appropriate action may kindiy be taken against the respondents in accordance wlth law. • That, the respondents may kjndly be directed to extent ali the monetary benefits and other consequential entttJements to the applicant (petitioner) whatsoever in compiiance ofthe order of this Hon'bie Court order dated 21.06.2007 in W.A. No. 110/2007. • That any other re!ief which may be deemed fit be aiso be awarded to the applicant caiiing for the entlre records pertaining to the case of the applicanVpetitioner. (Writ petjtion No. W.P. No.4748/1997, W.P.4819/1996 and Writ Appeal No.110/2007) 3. From the documents fiied by the respondents and not controverted by the applicant, we find thus:- (i) The app!icant's Writ Petition No.4819/96 was dismissed on 21stMarch,2007. (ii) Writ Appeai No.110/2007 against the above dismissai was disposed of on 21st June, 2007 whereby DAV Coilege Managing Committee (respondents No.1 to 3) were directed to issue formai order of confirmatlon of appointment aiong with increments from'the date he had passed B.Ed. examination i.e. 21-1-1997. c ^ ^v (lil) Writ Petitlon No.4748/1997 was dismissed on 11-7-2008 and Writ AppeaSNo.185/2008 agalnst the above order was again dlsmissedon 28thAugust, 2008. (iv) Writ Petition No.3105/1997 was dismissed on 29-9-1997. 4 The grievance of the applicant is that in the aforesaid proceed'ings, DAV Coiiege Managing Committee has taken contradictory and inconsistent stand with respect to apposntment/servlce-condition of'the appiiGa.nt as aiso regarding compjetlon of B; Ed. course by the appiteant. ^/5. indisputably, the appiicant's writ petitlons have been fjnally decided after considering pleadings of the respective parties and materia! avaiiabte on record. The orders passed bythis Court from time to time based on materia! avaJEabie on record have attalned finaiity, as the appifoant has not chailenged the same before a superior forum. !n these drcumstances, separate proceedlng forthe retiefs dalmed as stated above against the respondents by questioning pieadings of the respondents in disposed of petitions is an abuse of process of Court warranting approprsate action induding Impositlon ^. of exemptary cost.' • 6. However, taking into conslderation that the applicant is a schooS teacher and has been Jitigating since long, we dismiss these appiications wjth a sound of caution to be careful In future. Sd/- DhirendraMishra Judge Barv^, Sd/- R.N. Chandrakar Judge