.7 COURT OF CHHATr!SGARHArBJLASPUR Coram : HON'BLE SHRI RAJEEV GUPTA, C.J. & J. Vtfrit No.194 of 2008 Pyarelai Dhratiahre/Lahasee, aged about 46 years, S/o. Shri Raghuwar Prasad, Asstt. Teacher, Junior Primary School, Putkj Khurd Pandariya, R/o. Viilage - Sagounadih,. Post Kishun' Garh, Tah. Pandariya, Dlstt. Bilaspur. c (1) of Chhattisgarh,-Through - The Respondent No1 to5 Secretary, De'partment of Schooi Education Secretariat, D.K.S. Bhawan, Ralpur (C.G.5 (2) Dy. Dlrector, Educatlon office of the Dy. Dlrector Education, Dlstrict Bllaspur. (3) The CoJiector, Bliaspur. (4) The Sub Divssionai Officer, Revenue; Lorml, Dlstt. Bllaspur (5) Assista.nt District inspector of Schooi / A.D.i.S., Pandariya Range, Dlstt. BiiasDur. Respondent NQ. 6 (6) Tiwariial son of Katik, Cuitivator, resident of viilage Bhdhipara, Tah. Pandariya, Distt. Biiaspur. 211) OF THE Present: Shri Vinod Dsshmukh, learned counsei for the appeliant/pstitioner. Shri N. K. Agrawal, isarned Deputy Advocate General for respondents No. 1 to 5/State. JUDGriENT ^- c:- (12tn 2008) The foiiowlng Judgment of the Court was by C..J.: Learned counsei for the parties are heard on admission. 2. Appeliant Pyarejai Dhratjahre has fiJed this writ appeai against the Impugned order 18-08-2008, passed in W.P.(S) No.1252/'2005. 3. The appeiiant / petitioner filed a.n Original Appilcation before the Madhya Pradesh State Admlnistratlve Tribunai, for the followlng reliefs: Tl Th.at the impugned order, dt. 29.4.94 and 6.5.94 yide Annexures A-5 and A-6 issued by respondent no.3 and 2 be quashed. 2. That the respondent no.1 ,2 and 4 be directed to paythe.salaryy^e.f. Apri', 94onwards, forthwjth. 3. That the services of the appiicant be reguiarised in the regular scaie of pay for the post of A.sstt. Teacher. 4. Any other reiief may kindiy be granted In favour of the appllcant." 4. After the abolitlon of the Tribuna!, t'ne matter was transferred to tEie High Court of Chhattisgarh. 5. The appeiiant/petitioner thus, In substance was seeking quashlng of the orders dated 29.04.1994 and 07.05.1994 (v/rongly mentioned as 06.05.1994 In the petition) whereby his appointment wasGancelied. '^. -w^^ ^ 6. On an enquiry, it was found that the appointment of the petltioner on the of Junior Assistant Teacher suffered from serious Irregularities. The Authorities, therefore, on the basis of the enquiry report dated 29.04.1994 passed the order dated 07.05.1994 canceiiing the appeiiant's appointment. 7. The iearned Singie Judge on a thorough consideratlon of the submissions of iearned counsel for the partles did not flnd any iiiegality in the order impugned in the writ petjtion, whereby the 3ppe!!ant's appointment'was canceiled; Shri Vinod Deshmukh, learned . counse! for the appelia.nt VQhemently argued that the Authorlties have erred in passing the order dated 07.05.1994 cance'iiing the appeliant's appointment without affordlng an opportunity of hearing to the appeiEant. 9. It is not In dispute that the marks obtainsd by respondent No.6 Twarilai were 62%, whereas, the appeljant secured only 51.30% marks. !t is aiso not in that neither appejlant Pyarejal DhratSahre nor No. 6- TIwariia! were residen.ts of Putki Khurd, the piace where appointment of Junlor Assistant Teacher was to be ma.de. it has further come in the report 29.04.1994 that the viiiages of appeliant - Pyareial Dhratiahre a.nd of respondent No,6 Tiwariial were situated at aSmost distance from viila.ge Putki Khurd. A.s such, there was no justlfiabie ground for the appoEntment of appeliant - Pyareial Dhratiahre on the post of Junior Assistsnt Teacher at viJiage Putikl Khurd In preference to respondent No.©-Tiwarilal, who apparentiy was more meritorious than appeliant Pyarela! Dhratlahre. B 10. On due consideration of the submissions of iearned counsel for the appeliant and in view of the above-mentioned broad features of the case, we do not find any infirmity in the Impugned order passed by the learned Singie Judge, which may warrant interference in this writ appea!. 11. The writ appeal, therefore; is ilable to dlsmissed and Is hereby summariiy. iSUbbU Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge