@ IN THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR 23H] WRIT PETITION S NO. OF 2009 (/7 flga /// PETITIONER /Umesh Kumar Sahu, S/O Shri Raj Kishor Sahu, aged about 27 years, Occupation- Shikshakarmi Class— III, R/O Village— Baitari, Post— Patharla, Vikas Khand Pithora, Tahsil and District— Mahasamund, (C.G.) VERSUS RESPONDENTS K1. State of Chhattisgarh, through Secretary, Panchayat and Social Welfare, D.K.S.Bhawan Raipur, District- Raipur,(C.G.) Collector, Mahasamund, District— Mahasamund (C.G.) Chief Executive Officer, Janpad Panchayat, Pithora, District- Mahasamund (C.G.) District Education Officer, Mahasamund, District— Masamund (C.G.) hief Executive Officer, Distric—Panchayat Mahasamund, Di strict— Mahasamund (C.G.) ha C t ,L. ,uh a“ 1" y‘g ® F THE Q WRIT PETITION UNDER ARTICLE 26 QNSITITQTION OF I&DIA Sg : H€E¥’BLE $3M JEIS’E‘IC / 13.$?.q@6g Shri Suni1 Sahu, coum Shri Yashwaxit Singh ’1‘ 2 & 4. Chaiiaag€ in. tha p1ESI 10.6.200§ (Annexura Pl) pas Janpad Panchayat, Ethora petitioxmr has bacn callceua the direcu'on given by the 1 14.3.2008, ths patitiomer w E PRITIEKER DEW‘AKER gel fm the. psiiticnar. haku'r, Dy. AG. for ths Siam; resp. N0. 1, an: yatitian is to the order datsd S€€1 by me Chigf Exacutive Ofiacer, by which tbs appointment of the i on the ground that pursuant to iigh Court in its judgment dated as given am opportunity but his seiection 011 the post 0f Shiklsha Karmi Grade {I} has not been found in accordance wifh 1a“ caxxceHed. Coulisei for the petiti order is mechailical in nature Executive O£§cer Without con 331d even without menfiomn pefiu’oeer. He further subn cyciostyEe order Where the na of the school has been put : that While passing the orde] applied its mind. On the other hand, cot .nsel for the State submits that the remedy under the Chhattisgarh yetitioner has an alternative ' and therefore. the same has been oner submits that the impugned and has been passed by the Chief :sidering the reply of the petitioner g as to what was the fault of the xits that the order impugned is me of the petitioner and the name subsequently anti this itseif shows ‘ impugned the authority has not \y AHS).3..<Y‘. ‘mm Hi 206 amtm (Wu) mm 111%?! 311w $1M? um??? ‘ 1‘52?1W %-3ifawa1%¥! ‘ mm W1 zoo mm (Wu) r Sd/- V 4' ' Pritinker Diwaker I Judge ammm $Wiadh Hlm‘vi’f ‘§ 1‘3‘2" TIWR martmm ‘ a: aim m !1 Panchaya’c Shiksha Karmi (Rec ruitmant &, Contimons of Service) \‘n " \ Ruks, 2007 (for short “‘rim R'lieg, 2007) and to approach the CoHector by filing the appeal. At This stage, counsel f0 thg p€tition€r S€eks permission / L4; of this Court to Withdraw m prosont potition with liberty to apyroach The Collector by f ‘ g an appeal. He former submits that with 1116 appeal h wiil also fxie an ayplication for along appeal stay ami ml the saiéi applicatio is decided by the Coi'lector after due of mind the titioner may be aiiowed to work application p may 1 as Shiksha Karmi Grade HL Considen'ng the totaiity of the facts, the petitioner is permitted to withdraw the resent yetition with liberty to approach the CoHector under e Rules, 2007. The yetitioner is to fiie appeal before the Coltector withir} 15 day’s r required am appeal from the date of receiyt of the copy of this order along with ail application for stay. T111 the said applicatioo for stay is decided by the Collector after due apolication of mind, the getitioner shall be allowed to work as Shiksha Karmi Grade ill, It is expected from the Collector to afford proper the well the other side to submit opportunity to petitiorler as as all the details in support of their respective claims and decide the same in accordarice with la 7V, on it s merits, expeditiously.