im^^^ ^ ^jScT ^Kilrt^l, tPTn'd-'Kc, Rrtl^-iyx ^ ^ll*IC5I ^W^ 3TT^9T <T3cp (yii^qcg) Wl 200 OT^^Tcmf^TT^ ^mTOT^^T^^fcp ^m'^R^ri^T3TT^5T (Sinale Bench; Hon'b e Mr. Justice bhirendra Mishra) W.P (Petition U/A ^ PETITEONERS Vs RESPONDENTS Present: Mr. Rajeev Shrivastava, Adv. Mr. M.P.S. Bhatia, by. Govt. Ad' Mr. Sanjay Patel, Advocate for 14.11.2008 Heard. cpi<4lrt<HTi +ii^oT^fe^l ^Ryi^i^ ^^rf^:f3TT^^T [s] No.6348/08 j26 of Constitution of India) bwarjika Prasad Yadav, S/o Sri Kushal Prasad Yada^, Aged about 31 years, Occupation- work^ng as Panchayat Karmi, Gram Panchayat Basarjitpur (Champa), Janpad Panchayat- Baloc|a, bistrict Janjgir-Champa (CG). 1. S^ate of Chhattisgarh, Through: the S^cretary, Panchayat and Social D4partment, b.K.S. Bhawan, Raipur (CG). 2. bi|rector, Panchayat and Rural Services S4nchanaldya, b.K.S. Bhawan, Raipur (CG) 3. b4PutY C)^^ctor, Panchayat and Rural D4velopment bepartment, bistrict Office- Janjgir-Champa (CG) 4. Zi|a Panchayat, Through its Chief Exjecutive Officer, Distt. Janjgir Champa (C^) 5. Sojrpanch, Gram Panchayat Basantpur (C|iampa), Janpad Panchayat Baloda, bistt. Ja|njgir- Champa. witth Mr. I.S. Sahu, Adv. for the petitioner. |f. for the State. jrespondent No.5. -—— L ^E%T '-qi<4!rt€|,y>T^11<-1<l<o, Rrtlt-l^ HW^i ^^Tcp STr^^TcpTf^ffcp cTsnan^^T^Hfcp 3TT^?T q^l? (ijcli^el^) W^ 200 ?^rraR ^rf^r STT^^T —z- By this petition the pe|t respondent No.S-beputy bir1< bepartment, bistrict Office- Panchayat Secretary as per pr^ Avam Gram Swaraj Adhiniyam, Grievance of the petil Panchayat Karmi vide resolutiot by the Gram Panchayat Basant^ur as Panchayat Karmi vide or|: whereupon, the petitioner join^d P-5. Case of the petitioner v^ Janpad Panchayat to the respo|r The respondent No.3 sought Panchayat & Rural Service, w( 29.8.2008 of Panchayat Karm^ after coming into force of new! regard vide circular dated communication dated 30.9.20(p8 whose appointments have been Panchayat Secretaries under till date no such declaration ha|s <bl^Ic^41T1 ^l^oT^'l^^l ^Ritci^ ^3Tf^Rf3TT^^T ^itioner is praying for a direction to the ector, Panchayat <& Rural bevelopment ranjgir-Champa to declare the petitioner as >visions of Section 69 of the Panchayat Raj 1993 (for short 'the Adhiniyam'). ioner is that he was duly selected as of Annexure P-2 dated 22.8.2008 passed (Champa). Thereafter, he was appointed ier dated 27.8.2008 of Annexure P-4, the services on 28.8.2008 vide Annexure (as forwarded by Gram Panchayat through (ndent No.S-beputy Director on 28.8.2008. [direction from respondent No.2-Director, |rhether the appointments made prior to \s can be declared Panchayat Secretaries Idirections of the State Government in this 29.8.2008 and respondent No.2 vide clarified that the Panchayat Karmis |made before 29.8.2008 may be notified as \\e provisions of the Adhiniyam. However, been by the respondent No.3 and on the ____LL- ^^^f»?^» .^ss'^. "'^ ^ I .;""'"""ly| i :g^ET ;:3TPTT?5?T, y>-al<<l<l<<, Rlrtl^-l^ ^TR^TaiW^ STT^^TcpTf^Trcp cTSn^^T^Hfc^ ^ h 3TT^9T q^cp (^cfijclt^) ^200 ^Rff^R ^HflPT 3TT^$T >3> courlsel represerjitation contrary he is directing the Gi\ for appointment of Panchayat Mr. Bhatia, learned petitioner files fresh birector, for redressal of his shall be considered and decideti four weeks from the date of r^ In view of the above sut with a direction to the petitio^ the grievances raised in this| along with certified copy of t| made, the respondent No.3 is with law within a period of representation. Certified copy as per rul^s. cpi<<ifc^4lvi +11+101"^ fe^ ^Fjit^i^ ^^rf^1q'3n^5T \am Panchayat to initiate fresh proceedings l^armi. tsel for the State submits that in case the before the respondent No.S-Oeputy jgrievances raised in this petition. the same by the respondent No.3 within a period of ^ceipt of the representation. ^mission, the instant petition is disposed of \er to make fresh representation, raising all petition, before respondent No.3 herein |iis order and on such representation being Idirected to decide the same in accordance weeks from the date of receipt of the fo|ur Sd/- Dhirendra Mishra Judge