Facts
The State of Chhattisgarh (Appellants) challenged an order dated 10.12.2025 passed by a learned Single Judge in WPS No. 11883 of 2025
Source reference: p. 2The Single Judge had allowed the writ petition filed by Mohd. Yunus Khan (Respondent No. 1), who was working as a Peon in the Municipal Corporation, Bilaspur, quashing the impugned orders against him and directing his reinstatement
Source reference: p. 1-3The Appellants filed the present intra-court appeal with a 17-day delay, supported by an application for condonation of delay (I.A. No. 1 of 2026)
Source reference: p. 2Issues
Whether the delay of 17 days in filing the writ appeal should be condoned.
Source reference: p. 2, para 1-2Whether the learned Single Judge's order directing reinstatement of the respondent without back wages, but with seniority, was legally sustainable in light of previous division bench precedents.
Source reference: p. 2-4, para 4-5Law Applied
The Court applied the doctrine of *stare decisis* and the principle of parity in judicial adjudication.
Source reference: no citationIt specifically relied on the precedent set by the same Division Bench in `WA No. 184 of 2026 (State of Chhattisgarh & Another vs. Smt. Neeta Thakur & Another)` decided on 25.02.2026
Source reference: p. 2-3That precedent established that where a Single Judge quashes termination orders and directs reinstatement without back wages but with continuity of service (seniority), such orders do not suffer from illegality or irregularity warranting interference under intra-court appellate jurisdiction
Source reference: p. 4, para 11Reasoning
The Court first addressed the procedural delay and, upon "due consideration," condoned the 17-day lapse
Source reference: p. 2, para 2Regarding the merits, the Court noted that both the State and the Respondents conceded that the facts and legal issues in this matter were "identical" to a previously decided case, `WA No. 184 of 2026`
Source reference: p. 2, para 4In the referenced case, the Court had upheld a Single Judge’s order that quashed termination based on the precedent of `Jaichand Sarthi (WPS No. 12389 of 2025)`
Source reference: p. 3, para 4The Court observed that since the issues regarding the reinstatement of a Peon with seniority benefits (but no back wages) were resolved in the earlier identical appeal, there was no reason to deviate from that view
Source reference: p. 4, para 5Holding
The Court allowed the application for condonation of delay
On the merits, the Court held that the appeal was devoid of merit as the issues were squarely covered by the decision in `WA No. 184 of 2026`
Source reference: p. 4, para 6The appeal was dismissed, affirming the Single Judge’s order directing the reinstatement of Mohd. Yunus Khan as a Peon with seniority reckoned from his initial date of appointment, but without back wages
Source reference: p. 3-4Original Court PDF
State of Chhattisgarh & Ors. v. Mohd. Yunus Khan & Anr. [2026:CGHC:10661-DB]
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