HIGHCOURTOFCHHATTISGARHATBILASPUR CORAM : Hon'ble Shri Jagdish Bhalla, Ag. CJ. & Hon'ble Shri Dilip Raosaheb. Deshmukh, J. Writ Appeal No. 99 of 2007 JUDGMENT FOR CONSIDERATION Sd/- Ag. CHIEF JUSTICE n/07/2007 HON'BLE SHRI D.R. DESHMUKH. J. 7 Sd/- Dilip Raosaheb Deshmukh Judge POST FOR PRONOUNCEMENT OF THE JUDGMENT: tQ 10712007 Sd/- Ag. Chief Justice HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI JAGDISH BHALLA, Ag.CJ. & HON'BLE SHRI DILIP RAOSAHEB DESHMUKH, J. Writ Appeal No. 99 of 2007 APPELLANT PETITIONER Ajay Kumar Patnayak, S/o Shri Alekh Prasad Patnayak, Aged about 29 years, R/o village Mahloi, Tahsil - Gharghora, District Raigarh (C.G.). VERSUS RESPONDENTS 1. Jai Prakash Mishra, S/o Shri Badri Prasad Mishra, R/o village MahJoi, Tahsil- Gharghora, District Raigarh 2. Sarpanch Gram Panchayat, Mahloi, Block Tamnar, Tahsjl- Gharghora District Raigarh (C.G). 3. Block Education OfRcer, Tamnar, Tahsil- Gharghora, District Raigarh 4. Chief Executive Officer, Janpad Panchayat, Tamnar, Tahsil - Gharghora, District Raigarh (C.G.). 5. Additional Collector, Raigarh, Tahsil and District Raigarh (C.G.). 6. Director, Panchayat, Chhattisgarh, Raipur (C.G.). Writ Appeal under Section 2 (1) of the Chhattisaarh Hiah Court (Appeal to Division Bench) Act 2006. Present: Shri Gautam Bhaduri, counsel for the appellant Shri N.K. Agrawal, Deputy Advocate General, for the State. '-z- JUDGMENT (Delivered on ^Q^.Julv.2007) The following order of the Court Was passed by Jagdish Bhalla, Ag. CJ. This writ appeal is directed against the order dated 12.03.2007, passed by Hon'ble Single Judge dismissing the writ petition No.5408/2005, filed bythe appellant/petitioner. Brief facts of the case are that in pursuance of the sanction letter dated 06.01.2000, the Chief Executive Officer, Janpad Panchayat, Tamnar, District Raigarh had sent a letter dated 17.04.2000 to the Sarpanch asking for sending the penal list regarding appointment of Guruji under Education Guarantee Scheme (hereinafter referred to as 'EGS') by inviting applications by public announcement system. After completing the necessary formalities, petitioner/appellant was appointed as Guruji in EGS centre, Patarapara. Aggrieved by the said order, respondent No.1 preferred an appeal underSection 91 ofthe Panchayat Raj Adhiniyam before the Additional Collector, Raigarh, which was allowed by order dated 02.07.2001 and the matter was remanded back to the Chief Executive Officer, Janpad Panchayat, Tamnar with a direction to take appropriate action in accordance with EGS. Aggrieved by the said order of the Additional Collector, the appellant/petitioner filed an appeal before the Director, Panchayat, Chhattisgarh, Raipur who too dismissed the same by order dated 09.08.2005 confirming the order passed by the Additional Collector. The result is that the matter has been remanded back to the Chief Executive OfRcer. Aggrieved by the said order the appellant/ petitioner filed writ petition before Hon'ble -3- Singte Judgie which came to be dismisaBd by llili impvgiied oicter. Hence. ttkiswrtt appBal. The writ patition is titted as "WritPrtNlBfluiiderAitiete 2^/227 of the ConsUtution of tndfai." Leametlcounsal for ttie appellant / petJtiona^wBR e^ad upero^ft address this Court orittie.quastkm <?f maintEtfnabHityaiBfctiiswrtt ^apwd. Laamed counsel submittj^ thai stace the; writ p®(i »ihi®bMtt.^toct under Articte 228,and Alticte227 was |usl mer^oned afen8wttlitt,lN& writ a^»ealwas mtuntainabte. We are of theop<nion ttiafcthis^app^ is s<|ya lsfrc©weBKte|rll»^ view wprassect t^ ttils Ben^i Jo w ©hto^fi|B«<k-@h»<»rf@«NPK MazetGor Sm^ft VSs. 0<te»eft»^^ey^ffa <aA^ri»»i.fiE; 41 ©lilh^fc (WX(P^9 Wo.348t of 2007^ . In thfe case ateo, tie eentriOweEsy kwohwl does not ori^nate bettere the H||rti GouA Tliii w^ai& fl^ftNSGi^ appellate authocities adto^ a& TtilHanatwewK^^deK rihaNengfc^e^^ Hon'bte Single Judge. tn such epcunistaiw^ ^im|l»^^iBieiarttoni^ the fudgment referred te hweiRatiove and iWjB»l^s •^1@RaailB|a»ees of the case, it can bft aaid thatfiQ wrlt aRpwd te (BatatalRd^tt;. tnUghtGftheabov@discu8sloD,^i®wrti^ii^te.tiafcwat(^^ and the same l&dismisaad as such. Sd/- Ag. Chief Justice Sd/- Dilip Raosaheb Deshmukh Judge