@379? G), Q Sing’e Bench IN THE HQN’BLE HIGH CGURT GF CHHATTESGARH AT BILASPUR WRIT PETITION {S} NO‘ %\g OF 2009 K/ PETITIONER Ashok Patel, S/O Digrila! Patei, aged about 29 yea Occupation Shikshakarmi Class—III, Primary School- Khamhardadar, B!ock Division Pithora, District— Mahasamund (CGA VERSUS / RESPONDENTS 1. State of Chhattisgarh, through Secretary, Panchayat and Social Weifare, D.K. Bhawan Raipur, District— Ra,() ipurC.G. K '2 Coliector,Mahasamund, District— Mahasamund (C.G.) . Chief ExecutiVe fficer, Janpad Pchayat, Pithoa, District— ah / 3 O an r . Masamund (C.G.) 4. Distrt Education Officer, Masamund, itrict— Mahasamund (C,G.) 5 'Cief Executive Officer, District—Panchayat Maaaun, Distrc Mahasamd (C.G.) S. . / ic ah Ds . h hsmd it— un . 9f WRIT PETLTIQN Q DEg ARTICLE 226 OF THE QONS;!;TL!TION QF INDIA ‘ “WT @ . V .F; )ammgs). $’?5"1;L=[ 2007 mm (ma) mmm mw§wm $Wm 3E PRITENKER DIWAKER $3 : HON’BLE $HRI JUSTH 07.07.2009 Shri Sunil Sahu, sou: J Shn' Yashwant Singh * No. 1,2 & 4. Challenge in the pres‘ 10.6.2009 (Amexure P1) pa Janpad Panchayat, Pithora petitioner has bEen cancell‘ th€ dimction given by the 14.3.2008, th€ petitioner x ,sal far the petiu'onsr. i‘hakur, Dy. AG. for the: State] rasp. ;ent pEtition is to the order datsd ssed by the Chief Executivr: Difmer. by which the appoinmmnt of the 3d on the ground, that pursuant to High Court in its judgment dated vas given an opportunity but his selection on the post of Shinksha Karmi Gra¢ie 1H has not been N and therefore, the same has been found in accordance with 1a cancelled. Counsel for the peti1 order is mechanical in natul‘ Executive Officer without co‘ and even Without mentionji petitioner. He further sub} cyclestyle or&er where the n‘ of the school has been putl that while péssingrthe ordt applimi its mind. On the other hantl, CO petitioner has an alternatix ioner submits that the impugned ‘e and has been passed by the Chief nsidei‘ing the reply of the petitioner 1g as to What was the fault of the t mits that the order impugned is‘: ame of the petitioner and, the name subsequently and this itself shows :r impugned the authority has not unsel for the State submits that. the 1 re remedy under the Chhattisgarh ‘. \ Mmma‘iaaw) ‘ wait-am WW WW $aifmm ,L- Panchayat Shiksha Karmi {Rccruitment 85 Conditions ofSerVice) Rules, 2007'(for short “the Rules, 2007) and to approach the Collectcr by fiHng the appeai. At this stage, counsel for the petitioner seeks permission of this Court to Withdraw the present petition with liberty to approach the Coilector by fll rig an appeal. He further submits that along with the appeal he wiil also f11e an appiication for stay and till the said appHcaton is decided by the Collector after due application of mind the titioner may be allowed to work as Shiksha Karmi Grade III. Considering the totaliy of the facts, the petitioner is permitted to withdraw the present petition with liberty to approach the Collector unde the Rules, 2007. The petitioner i required to file an appeal b fore the Collector within 15 days from the date of receipt of copy of this order along with an application for stay. Till the aid application for stay is decided by the Collector after due lication of mind, the petitioner shall be allowed to work as S iksha Karmi Grade Lil. It is expected from the Collector to aEord proper opportunity to the petitioner .s well as the other side to submit ir respective claims and decide the same in accordance with w, on it s merits, expeditiously. all the details in support of 7, 7 Sd/— ' l l :Pritinker Diwaker {W Judge » V e s e p e