- r HIGH COURT OF CHHATfiSGARH: BILASPUR l > > i ‘ ‘ _Writ Petition No. 1612 of2002 L ¥ V Pe'titioner > Hem La! Sinha, S/o.‘ Shiv Ram Sinha aged . about 35 years, resideht cf villags‘an’d paSt i § I Marmara Raipur(CG). Tahsu v Gariyabandth, Bistridt 1' ‘ i Versus RespJndena 1) The State of Chhattssgarh through the Secretary, Department of Panchayat and” / Sackal Welfare Mantralay, D K S Banding, Ratpur Tahst! and Distnct Raipur (CG) ,2) .The Comm‘ssmner, Ralpur Dmsyen, Raipur Tahsil and District eRa'pur (CG). . 4) Janpad Panchayat Garlyabandh Dlstnct l Ralpur(CG) (Writ Petition underArllcle's 226i227 of the Constllulion ot lndla) l l ’ SB' Hon’ble Mr Saosh K Agnihotl’i, J. Shn BD Guru counselforthe petitioner .v 3) Tne Collector Ralpur DlslrlcFRalpur ’ l 'Uageo A a Shn P K Bl‘adurl Panel Lawyer for the respondents No ‘l 2 & 3lState E Shn R S Mamas counsel for the respondent No 4 ORAL ORDER (Passed on 27'“ day or June, zoos) l The petitioner who claims to be an ex-servrceman appeared m the ' selection process for apporntment on the post of Shlksha Karml Grade lll> and the select list thereof was publlshed on 1-8-1998 (Annexure PH) The petitioner was selected subject to productlon of ongmal certlflcate of ex- servrceman The petltroner produced a certlfcate Indicating that hls father was Nagar Sarnlk The petitioner could not be appomted as Nagar Sainik does not come wrthm the purvrew of ex-servrceman ' 2) - Being aggrieved the petitioner preferred a writ petttion being No 1544 of _ i v 1999 in the High Court of Judicature of Madhya Pradesh at Jabalpur High“ ‘ Court of Madhya Pradesh at Jabalpur by order dated 14-7-1 999 granted libertyl to the petitioner to approach the Commisswner if so advrsed and? thef ' Commrssroner In turn was directed to conSIder the case of the petitioner and ’ passe-appropriate order On the representation of the petitioner Deputy§i l ? x l A£§ Commrssroner for Commussroner Rarpur Dwrsron Ralpur passed an ordel’ on x . 1 @ “l— A a . 15-9-1999 (Anhexure R144) rejecting the representation of the petitioner on the ground that the petitioners father was not an ex-servrceman As per defmtion of ex—isewlceman oniy armed forces employees are ex-servrcemen , not Nagar ESaInIks i (Home Guards) of the State Government. Thus: It Is held that the petitioner was not qualifed to be appointed as Shiksha’Karmi Grade Iii. 3) ‘ Being aggrieved the petitioner has f‘led this petition on 8-8-2002 seeking for a writi‘direction to Janpad Panchayat Ganvabandh to pass an ' t ‘ appropriate order pursuant to the order dated 4-4-2001 (Annexure Pl8) passed z . the Deputy Commisswner for Commissioner Raipur DiVISion Raipur‘? 4) Shri R S Marhas teamed counsel appearing for the respondent No 4 submits that now the. post of Shiksha Karmi has been converted into Contract Teacher and the appomting authority is Gram Panchayat 5) Be that as it may Janpad Panchayat Garivabandh is the final authority - even in case appomtment made by Gram Panchavat There is no reason asto s why letter dated 4-4-2001 (Annexure P18) should not be conSidered by the Chief Executive Officer, Janpad Panchayat, Gariyabanclh and pass appropriate ii 1 brdemn accordance with law. ‘ l i 6) Shri R.S. Marhas, learned counsel appearing for Janpad Panchayat, riyabandr and Shri P.K. Bhaduri, learned counsel appearing‘for the State have no objection, if the Chief EXecutive Officer; Janpad Panchayat, Gariyabandh, is directed to consider the oaseof the petitioner in the light of i s letter dated 4-4-2001 (Annexure P/8) and pass appropriate order, in accordance ‘ with iaw. 7) ln View of foregoing, this petition is disposed of with a direction to the Chief Executive Officei', (Janpad Panchayat, Gariyabandh, to consider the case of the petitioner in the light of letter dated 4-4-2001 (Annexure Pl8) and pass appropriate order, as earty as possible, preferably within a period of six weeks i from the date of receipt of a copy of this order‘. l i 3di- 1, ‘ Satish K. Agnihotri Judge . i