IN THE HON'BLE HIGH coun‘r OF CHHATrISGARH AT BILASPUR WRIT PETITION (51 No. 3/3§ OF 2009 PETITIONER galikram Pradhan, S/O Shri Lokeshwar Pradhan, aged about 35 years, Occupation Shikshakarmi Class- III, at Government Primary School, ”joint Ganeshpur (Sankra) a ’y\ Block Division, Pithora, Q‘ #5 “@aa ’k District— Mahasamund,(C.G.). V E R S U S RESPONDENTS V 1. State of Chhattisgarh, through Secretary, Panchayat and Social Welfare, D.K.S.Bhawan Raipur,District— Raipur,(C.G.) / 2. Collector,Mahasamund, District- Mahasamund (C.G.) (/ / 3.- Chief Executive Officer, Janpad ' Panchayat, Pithora, District- Mahasamund (C.G.) vi, 4. District Education Officer, Mahasamund, District- Mahasamund (C.G.) 5. Chief Executive Officer, District-Panchayat Mahasamund, District— Mahasamund (C.G.) 03-07—2009: Shri Awadh Tripathi, couns l for the petitioner. Shri Yashwant Singh Thak i', Dy. Advocate General for the Statelrespondents No. 1, 2 & 4. Challenge in the instant w it petition is to the order dated 106.2009 (Annexure-P-i) passe by the Chief Executive Officer, Janpad Panchayat, Pithora by wh ch the services of the petitioner has been canceiied on the grou‘ that pursuant to the direction given by the High Court in its dgment dated 14.3.2008; the petitioner was given an opportun 'y but his selection on the post of Shiksha Karmi Grade iii has not been found in accordance with law and, therefore the same as been cancetied. Counsel for the petitioner s bmits that the impugned order is mechanical in nature and h s been passed by the Chief Executive Officer without consid ring the reply of the petitioner and even without mentioning a to what was the fault of the petitioner. He further submits that the order impugned is‘ cyclostyle order where the name fthe petitioner and the name of the school has been put subseq ently and this itself shows that while passing the,érder impugne the Authority has not applied its mind. On the other handt counse for the State submits that the petitioner has an alternative re edy under the Chhattisgarh i iv mam .{fmmm mmm ,7 ~‘f Panchayat Shiksha Karmi (RecrLitment & Conditions of Service) Rules, 2007 (for short “the Ru!e‘;s,i2007") and the petitioner to approach the Collector by tiling th e appeal. At this stage, counsel for petitioner seeks permission of this Court to withdraw the presen petition with liberty to approach the Collector by tiling an appeal He further submits that along with the appeal he will also tile a application for stay and till the said application is decided by th Collector after due application of mind the petitioner may be all Wed to work as Shiksha Mrmi Grade iii. the facts, the petitioner is ermitted to withdraw the present petition with liberty to approach the Collector under the Rules, 20 7. The petitioner is required to file an appeal before the Collecto within 15 days from the date of receipt of the copy of this order al ng with an application for stay. Till the said application for stay i decided by the Collector after due application of mind, the petiti ner shall be allowed to work as Shiksha Karmi Grade Ill. it is expected from t Coilector to afford proper opportunity to the petitioner as wel as the other side to submit all the details in suppoft of their re pective claims and decide the Considering the totality t f p h same in accordance with law, on i merits, expeditiously. // /, / o Sdl— //‘//// ‘wake‘ D / gt liv\,:’_pf‘““ke‘ 3udge