"^.f5 >B aw .3 a^' 8c, y '"^•"j fl \\i^ IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR 1-3^ WmT PETITION (S) N0. /2011 PETITIONER ,^ \2A;^ ^°v;..-^ «s'",-»*' '^;--' / Ku. Suman Mishra, D/o. Shri Gyan Datt Mishra, Aged about 38 years, R/o. Near Ayappa Mandir, '\,\-' Vrindavan Colony, Jagdalpur, District Bastar (C.G.) .»»' ^' ^- A^--" RESPONDENTS VERSUS /-1. State of Chhattisgarh, Through the Secretary, Panchayat SE Ri.u-al Development Departanent, D.K.S. Bhavan, Mantralaya, Raipur (C.G.) 2. The Collector, Distt. Bastar (C.G.) 3. The Chief Executive Officer, Janpad Panchayat- Bastar, Distt. Bastar (C.G.). / 4. Chhattisgarh Professional Examination Board, C.-168, Tagore Nagar, Raipur, Through the Chairman. WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA 1. PARTICULARS OF THE PETITIONER As mentioned above in the cause title. 2. PARTICULARS OF THE RESPONDENTS As mentioned above in the cause title. ^''''''<.,' rtw/'<^' mOH COURT OF CHHATTISGARH AT BILASPUR WRTTPETmON(S)_ Np.J.39_l of'2Qll Ku. Suman Mishra. RESPONDENTS Sfate ofChhattisgarh & Others. WRIT PETmON UNDER ARTICLE 226 OF THE CONSTI'nj'nON OF INDIA SB: Hon'ble Sim Sattsh K. Aanihotri, J. Shri Ashok Kumar Shukla, Advocate for the petitioner. Sl-iri Y.S.Tliakur, Deputy Advocate General forthe State/respondent No. 1 and 2. gttDER.WRAD (Passed on 16th day ofMarch, 201 1) 1. By this petition, the petitioner seeks seniority from 30.06.2008 i.e. tfae date this Court, ia W.P.(S) No. 3321/2008 (Ku. SumanMisra v. State of Chkattisgarh &' Others) directed to keep one post of Shiksha Kanni. Grade III, vacant 2. Accordiag to leamed counsel for the petitioner, in the said petition, on 09.11.2009 (Annexure P/2), the respondent No. 2 i.e. C.G. Professional Examination Board (for short 'the Board') submitted that one post of Shiksha Kanni Grade III was kept vacant in Janpad Panchayat, Bastar (Code 106) and pursuant to fhe order dated 30.06.2008, the respondents would consider the case ofthe petitioner withm a period of three weeks and submit a report. Finally, tlie said writ petition was disposed of vide order dated 18.01.2010 (Aimexure P/4) oa the ground that Ifae Board has -writteii to the Cluef executive officer, Janpad Panchavat, Bastar, to make necessary aaiendment in case ofthe petitioner. Subsequently, J. after consideradon, the petitioner was appoiiited on the post of Shiksha Kanni Grade III by order dated 05.10.2010 (Annexure P/5). The petitioner claims seniority trom the date mterim order dated 30.06.2008 (Aimexure P/l) was passed. It is aa admitted position that the petitioner was bom in service onlv when appointment order was issued on 05.10.2010. If on account of any mistake on the part of the respoadents, the petitioaer could not be appointed, and further, by ifthe Court has directed to consider the case ofthe petitioner, that does not confer any right on the petitioner to claim seniority or to treat the petitioner as if she was appointed on fhe prior date befbre she was actually appointed. Thus, the petitioner is not entitled to any senioritv on the basis ofthe above stated reasons. 4. The petition, being bei'eft ofmerit, is accordingly disimssed. >Qi- SatishK. Judge n Arait