^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH Coram APPLICANT HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUMAR SINHA, J. M.C.C.No.80of2008 Parmeshwar Deen Yadav, S/o Shri Chetan Prasad Yadav, Aged about 51 years, Upper Divlsion Teacher, Govt. Hr. Sec. School - Barpali - Champa, Block Bamhnldih, Distrtet Janjgir-Champa (C.G.) Versus 1 State of Chhattisgarh, Through : The Secretary, Departroent of Educatlon, D.K.S. Bhawan, Raipur 2 Director, Public Instruction, Chhattlsgarh Govt., Raipur. 3 District Education Offleer, District Janjgir Champa (C.G.) ApDlication for Restoration ofwrit Appeal hto. 184^00^ RESPONDENTS Present: ShriA.S. Rajput, Counselforthe aptMicant. Shri M.P.S. Bhatia, Dy. Govt. Advocate for the respondents. sth ORDER (25m February, 2008) The following order of the Court was passed by Rajeev Gupta, C.J. Heard learned counsel for the parties. 2. The applfoant is seeking restoration of wrtt appeal No.164/2007 whichwas dismissed for want of prosecutlon vide orderdated 07.02.2008. ^ 3. On due consideratiQn of the submissions of tearned counsel for the parties, we are satisfied that the absence of the appellant's counsel on 07.02.2008 whenWA. No.164/2007 was taken up for hearing was basedon 6o/?a ffcfe grounds. 4. Therefore, MCC No.80/2008 is allowed and Writ Appeal No.164/2007 is restored to its oripjnai number, but wtthout the interim relief. The applican^appellant, however, shall be at liberty to apply afresh for grant of interlm relief, whteh shall be considered on its own merits. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge Subbu s<