c^r\ k^ ^ DNsfali IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR (C.G.-) W_RIT_APPEAL N0._ 13.6 _ OF 2010 APPELLANT PETITIONER RESPONDENTS ,/o •s-^ ^c$\^- "/v^ ^'^' <Surendra Bahadur Singh Son of Nandgopal Singh, aged about 33 years, Panchayat Karmi, Gram Panchayat Khond, Tahsil Baikunthpur, District Koriya (C.G.). VERSUS 1. State of State of Chhattisgarh, Through : the Secretary, Department of Panchayat and Rural Development, D.K.S. Bhawan, Raipur (C.G.). 2. Gram Panchayat Khond, through the Sarpanch, Gram Panchayat Khod, Tahsil Baikunthpur, District Koriya (C. G.). 3. Chief Executive Officer, Janpad Panchayat Baikunthpur, District Koriya (C.G.). WRIT APPEAL UNDER SECTION 2 (1) OF THE HIGH COURT OF CHHATTISGARH (APPEAL TO DIVISION BENCHI ACT. 2006 »-••• .N ;" A?' .%y y/' Being aggrieved by the impugned order dated 09.02.2010 (Annexure A-l) passed by the Learned Single Judge of this f"' Hon'ble Court, in 'W. P. No. 2833/2002, the appellant humbly prefers the instant writ appeal well within the limitation:- HIGBI COWIT OF CUHATHSeARH. BILASPim DB: HOBI'BLB tJS. QUDDU8I & HOIFBLE M.K. AGRAWAL, JJ WRIT APPEAL N0.1200F 2010 Vs. * WRIT APPBAL uaDER SBCnXMt 2(11 OF THB CXtHATTSBQASH HIGH COURT (APPBAL TO DIVISIon BBKC»ACT. 2006 APPBARANCB: Mr. Ashok Shulda, counsel fw tbe AppeBant. Mr. U.N.S. Deo, Govt. Advocate witti Mr. Amrito Elas, Panel Lawyer, fw the State/i'espoadents. ORALtMBDEK (08.07.201<q PerI.M, 1. This wiit appeal has beea fited a^inat the impugned order dated 09«t»Februaiy, 2010 passed in W.P(^.No.2833/2002 whereby ttie leamed single Judge directing reinstotenaent has grauted 30% back wages. 2. Bifeffacts offhe case eas tfaat the appelbmtwas apjiointed as Panchayat Karmi in ViUage Paachayat Khoad, BIocte Baikunttqiur, Dfatfc Surguja. Thcreafter, he was jMiomioted as Paachayat Secretery. However, on certain alle®ed irreguterities, he was renaoved fi»in thc post o£RanchEyat Karml pursuant.to a ras<dutk»npassed by the Gram Sabfaa. Hc filed wri.t petition chEdleitging the aeinoval onter. His reiastatement faas beea allowed by tfae lcamed Singte Judge by gEanta^ 30% backw^es coiasideru^ that he aeinaiawl APPELLANT Surendra BsSxadvx Sm^i RESPONDBNTS State of Chhatttsgarh and othcrs -•";""-», '^ •,!"Tl./ bi:,. '^.es''^/ 's..,.^-^' F out ofjob. ^ainst fhis partofttie ocder offlK teained siagte Judge regaixling back-wages, petrttoaer has filed the nistant writappeaL 3. In fhe retura fited by respondent so.SfCSuBf ExBcutive Officer, Janpad Panchayat, Bafeunthpur, it has beea stated thatas pcr ha infermatton, after termiaation ofserwce offlae petitioner who is a resident ofvSSSayK Tenui, Giaaa. Rancliayat Khond was nuuung a hotel at Paadtqiaia in tte aaariEet pte» near coBieiy gate duriag ffae entire period whca he »enaaia»l out of job. Furfher more there is cogent aaateriri to substantiate fhat during &e period of his reinoffal the petittoiier was also ptying a MarshaB Vefaiele No.CG-16/ 1109. 4. In view offhc above, it caimot be sad fhatfte petitionerwas aot gaiiifulfy einployed dunng (hc period he neaaaincd out of job. Howevcr, du3ect£agbis lenistatEiaent fheleaastied singte Judge has fixed 30% baek-wages. TheTefoie, we do not find any good gniuad to iaterfere in fhe iiupu^ied oader dated 09.02.2010 passed by the learaed singtejadge. 5. This writ appeal is misconceived and is theirfoiie disaitesed. Sd/- I.M. Quddusi Judge Sd/- N.K. Agrawal Judge