/ HtGH SQURT OF CHHATTISGARH AT B1LA$PUR W.P.($) NO 1597 of 2008 Petitione:s 1 . Vijay Kumar, S/o Shii, Tunkdhar Bhavsagar, Aged about 27 years, R/o Toresinha. Tahsil - Saiaipali, Distt. Mahasamund (C.G.) 2. Bhupendra Kumar Shanna. S/o Shri Rajnarain Sharma, Aged about 22 years, R/o Village Seetapur, Tahsil — Pithaura, Dists. Mahasamund —(C.G.) pa Rajendra Kumar Behera, S/o Shr§ ShyamiLal Behera, 'Aged about 27 years, R70 Mohgaon, Tahsil- Saraipali, Disit. Mahasamund- (C.G.) 4. Satish Kumar. S/o Shri Antaryami Padhi, Brahmin, Aged about 3D years, RJQ High Schoo! Read. Basna, Distt. Mahasamund-(C.G.) 5, Ramesh Samant Raf, Si‘a Shri Ehagwano Samant Rai, Aged about 31 years. R/o Wage Bhotha!dih, Tahsil — Saraipali, §istt Mahasamund -—(C.G.) Veisu3 Respondents 1. CeliectorMahasamund —(C.G.). 2. Director. Panchayat, Chhatt§s§arh State Raipur —(C.G.) 3. Janpad Panchayat Basna, Actmg Through Chief Executive Cfflcer, 4. Bleck Educatian Omcer, Basna, 5. The Head Maeter, Government Primary School, Patherapaii, Tahsil —— Basna. Désrt. Mahasamund —(C.G.} 6, The Head Maeter, Government Primary School. Durg Pali. Tahsil — Basna, Distt. Mahasamund -(C.G.) 7. The Head Master. Government Primary School. Bundeiabhata, Tahsil - Basne. Distt. Mehasamund-(C.G.) 8. The Head Master, Government Primary School, Rasoda, Tahsil — Besne, Distt. Mahesamund-(C.G.) 9. The Head Master, Government Primary School, Purshottamopur, Tahsi! - Basna, Distt. Mahasamund- (C.G.) Shri K. A. Ansari, Senior Advocate with Shri Syed Imtiaz Ali, Advacate for the petiticners. SM Aiok Bakshi, Gsvernment Advwate with Shri Sat§sh Gupta. Deputy Govt. Advocate for the {espondenta AND W.P,(S}' N9; 1703 of 2008 Petit§oners 1. Sant Ram Banjara, SIC Shri Pyari Banjara, aged about 31 years, 2. Vikash Ptel. 8/0 Shri Lam PateL Aged aboui 23 year3. Girdhari Sahu, s/O Shri samund La! Sahu. aged about 27 years. Dinesh Kashyap. S/O Shri Kanhaiya Kashyap, aged about 24 years. Ashok Kumar, SIO Shri Babu Lal, aged about 22 years. Sura} Nayak. SIO Shri Amrit Nayak, aged about 26 years. Surendra Kumar Bank, S/O Shri Lakheshwar Bank, aged about 25 years. Ku, Ritu Nishad, DID Shri Tej' Ra Nishad, aged about 22 years. ‘ Pawan Kumar $/O Shri Bhoj Ram Pateh aged about 24 years. Smt. Bhama Pradhan, W10 Shri Kirti Chand Pradhan, aged about 27 years. 11. Prafull seth. $.10 Shri Goverdhan Seth, aged about 24 years. 12. Shatrughan Manikpuri. SIC Shri Surit Des Manikpurt, aged about 20 years. 13. 8mt. Damyanti Sao, W/O Hiradhar sag, aged about 25 years. 14. Ram Nath Patel, S/O Shri Neetambar Patel, aged about 26 years. 15. Ram Kumar Sahu. 5/0 Shri Pooran Lat Sahu, aged about 25 years. Pustam Sahu, S/O Shri Ram Nath Sahu, aged about 33 years. 1‘7. Doodh Nath Sahu, SIG Shri Ganesh Ram Sahu, aged about 23 years. 18. Govtnd Dadsena SIG shri Sonu Ram Dadsena, aged about 26 years. 19. Nahar La! Sahu. SIG Shri Bhuneshwar Sahu, aged about 25 years. a 5“:. sash T4 909° m’ 20. 21. 22. 23. Ges Ram Sahu. 8/0 Shri Kusram $ahu. aged about 2S years. Chakrapadi Sahu, S/O Shri Khoji Ram Sahu, aged about 37 years. Rakesh. Kumar Jangde. $10 shn Ba3awan Lai. aged about 21 years. Ku. Shabana Yasmin, DIG Shri Arif Beg, aged about 25 years. Respcndents ?4’‘” * J; “”rM ,, 25. 26. 2?. VefSUS 1. Rasdeo Koshle, SIO Shri Ghundui Keshie, ageti about 24 years. Ku. Jiteshwari Joshi, D/O Shri Nishad Ram Joshi, aged about 21 years. Parshuram Sonwani, S/O Shri Fandu Lei Sonwani, aged about 27 years. Ramesh Samant Rai. SIG 5hr; Bhagwanu Samant Rai, aged abaut '32 years. Kisher Kumar Ogre, S/O Shri Akti Ram, age dabout 32 years. Kanhaiya La! Mandel, $!O Shri Rajmi Mandai. aged about 27 years. Resham Lal Patei. SIC Shri Nityanand Patel. aged about 35 years. Vijay Prasad “Sao, S/O Shri Gangaram Sao, aged about 34 years. Kailas'h Pradhan, S/O Shri Varun Pradhan, aged about 28 years. Somari Banjara, DIO Shri Sanjay Kumar Bagare, aged about 22 years. Ail the Petitioners are Government servant posted as a Shiksha Karmi Class—III at the Schoots of Janpad Panchayat. Basna. District- Mahasamund (C.G.) Stete of Chattisgarh, through Secretary, Panohayat and Social Wetfare, D.K.$. Bhawan. Ratpur, District- Raipur (C.G.) Director, Panchayat, Raipur. District - Raipur (C.G.) Coiiector, Mahasamund. District— Mahasamund (C.G.) Chief Executive Officer, Janpad Penchayat, Basna, Distriet— Mahasamund (C.G.) District Education Officer, Mahasamund, District- Mahasamund (C.G.) // J”. Shri Awadh Tripathi, Advocate for the petétieners. Shri Aiok Bakshi, Government Advocate with Shri Satish Gupm, Deputy Govt. Advocate for the respondents. WRIT PETITOIN UNDER ARTICLE 22$ OF THE CONSTITUTION Single Bench : Hon’bie Mr. Satish K. Agnihotri, J. $RAL ORQER (Passed on this 19!“ day of March, 2008) With the conSent of Iearned counsel appearing f0r the panies, the matter is heard fmahy. Learned counee! appearing for the petitioners submits that 115 and 43 (totat 158) aersons were appointed as Shiksha Karmi Grade-m by the ; Chief Executive Cfticer, Janpad Panchayat, Basna by order dated 12.10.2007 and 6.11.2007. The Coiiecter, Mahasamund vide order dated 14.12.2007, while considering the appointment of the petitioners and other similariy situated candidates. who were appointed on the post of Shiksha Karmi Grade-iii, suspended the appointment orders dated 6.11.2007 and 12.10.2007. The order was referred to the Director, Panchayat and Sociai Weifare, Raipur under the provisions of section 85(2) of the Panchayat Raj Adhiniyam, 1993 for approvalleontirmation. It is submitted by teamed counsei appearing for the petitioners that vide order dated 10.1 .2008 the Director, Panchayat has considered the cases of oniy 76 and 9 Shisksha Karmis and directed to maintain status duo in regard to those candidates, tiii the enquiry is completed. Learned counsei wouid further submits that the Eirector. Panchayat has ignored the oases of the petitioners and other candidates, who have been duty appointed vide orders dated 12.10.2007 and 6.1 1 .2007. Be that as §t may, w§thout wing intc the merits cf the case, the Director, Panchayat is dtrected to consider the cases of an the candidates, particu!arly, the petttioners, who were appointed by the Chtef Executtve Officer, Basna vide orders dated 12.10.2007 and $112097. The Directot, Panchayat shat! pass the order after issutng notice to the petitioners concerned for putting forward their cases. The petitioners are directed to appear before the Director on 27’“ March, 2008. The Director, Panehayat shaii consider the cases. strictiy. in accordance with iaw, on their own merits without being infiuenced by any of the observations made hereinabcve. in View of the foregoing, this petttion stands disposed of. No order asto o sts. N“ Certified copy, today. Sd/_ Satish Satish K. Agnihot‘ri Judge ‘