gawg: @gwma ‘5 «WVK C IN THE HIGH COURT OF CHHA’I‘TISGARH AT BILASPUR CG WRIT PETITION N0. L5 752 [2005 2. The Collector, Kabeerdham (CG) 3. The Chief Executive omcer, Janpad ** Panchayat Distt. Pandariya, 4 Kabeerdham (CG) WRIT PETITION UNDER ARTICLE 226 8a 227 OF THE CONSTITUTION OF INDM, PETITIONER Santosh Kumar 'Kashyap, a ed about 32 years son of Siri Ratan Lal K,ashyap, M g 06 occupation — Nil (educated unemployed) resident of village Pandrikhurd, Tah M Kishungarh, Tah. Pandariya, «a» \éw {)é ‘ Distt. Kabeerdham (CGI VERSUS RESPONDENTS 1. State of Chhattisgarh, Through = the Secretary, Department of Education, D.K.S. Bhawan, Raipur (Chhattisgarh) XI—HC-22 26-4-2005 Mr. Rajeev 5hrivas1’ava, c< unsel for fhe pefifioner.’ Mr. Bhaskar Pyasi, Panel Lawyer for The Sfa'l'e/responden‘rs No.1 and 2. Iv ' Héar‘d bofh The counsel. The pe‘rifioner has prefer & 227 of The Cons‘ri'l'u‘rion of academic session 1994-95 he wa "ed 'lhls wri‘l pe'li‘l'ion under Ar’l‘icles 226 India, wi'lh The avermeni's fha‘lv in The in Village: Pendrikhur-d4 however' s appoin’red as Shiksha Karmi Grade-III for confinua‘rion for nex‘l’ sessioin, but some how fhe pe‘rifioner was no‘r appoin‘led, fherefore, he pre' ers‘rwhile High Courf of Madhya was disposed of vlde order dalei “In View of 'l'he i No.2003 of 1997 Verma Vs. Sfa'l'e i 1997, fhis pefi‘riol direci‘ion fo fhe peli‘l'ioner-s apply fc fhe academic sess be considered wi' experience and pe pos'r in The previous academic sessions." Thereafi‘er, The pefifioner mc ved an applica'lion (Annexure P-2) for l considerafion of his appoinTmenT on The posT of 5hil<sha Karmi Grade- W/e— in spi‘le of fhe facf ‘l’ha‘l‘ he was enfi‘i'led ferred W.P.No.5209/1997 before ‘l'he Pradesh, Jabalpur, and The'said pel'ii’ion i 19-12-1997 observing Thaf, irder- passed in WriT Pefi’rion n The case of Upendra Kumar if MP. and ano‘lher, ,on 25—7— 1 is disposed of only with a respondents fhaf if The r The posf of §hiksha Karmi for. on 1997-98, their candida‘l'ure ‘h due regard To Their pas? "formance, if any! on ‘I'he said Ulfima‘rely, fhe Chief Execui’ive Officer, Janpad Panchaya‘r: Pandar'jya, vide order da‘red 25/29-11-2004 has informed The pefi‘l'ioner Tha'r his case for consideration of appoin'men‘r as Shiksha Karmi’ in pursuance of The Courf‘s order in W.P.No.5209/1997 be frea‘red as closed. Learned counse! for 1’he i‘rioner submi‘rs ’rhaf since 1997-98 no' p T appoinfmenfs are being made in anpad Panchayaf: Pandariya‘on accoum‘ of some enquiry, iherefore, fhe pefifioner has no? 901' any chance for appoin‘imen'i in pursuance of fhe Courf's ordera Learned counsel furfher submi-fs Thaf a similar direcfion e issued To The respondem's To consider r1'he case of The peTiTioner, if y appoinfmem‘s are made and This has become necessi‘ra‘red on accoun of The impugned order Annexure P—4 passed by fhe Chief Execufive O ficer, Janpad Panchayaf: Pondariya. Having heard learned cou sel for fhe par‘l’ies, having perused The earlier order and record, and ng considered The submission made by learned counsel for 1’he pe‘ri‘rion r, I am of The opinion fha‘i’ if would be J'usT, proper and fair +0 allow he pefi‘rioner +0 apply for The post of Shiksha Karmi (Erade-III fo re ondenf No.3,‘in case any appoin‘rmenfs are made on The said post In The circumstances, respondenT No.3 is direcTed ThaT in case appoinTme T for The posT Shiksha Karmi Grade-III are To be made, The peTiTione be allowed To apply for The posT of Shiksha 'Karmi Grade-III a VJ‘ I? his case for appoinTmenT shall be l i i A h i n VXI—HC-22 3am m W @ ‘ Wm ‘49 ¥ in 200$ W was l WW rmswmw W‘Wn'wm mw I ~ 2.” a emm , III. However, The peTiTioner has noT been appoinTed since Then. §__ bonsidered, if he is eligible for fha‘r p031“, looking +0 his pas? service r‘ecor-d and aiso ofher relevdm‘ aspects for appoim‘men‘i, in accordance wiih law. Wifh fhe direcTion afoeaid, e pefi’rion s'rcmds disposed of. Consequen‘rly, M.()P.N.121/2005 and I.A.No.3062/2005 aiso s’ran disposed o. d f Parties are e‘l’ified for- r‘iifi copy of ‘i'his order. n caed ‘ Sd/- /W/ . 1 i L.C.Bhadoo Judge rs 1'h W.o3 XI-HC—22 3am,m,%mgx Wm 1H 2005 m mw mm WWW _ 3 ~ WW&WW %3T%H3TI%QT