A} 7 ¥ ® I1? IN THE 1*IIGH $$URT 0? CHHATTIEGARH AT IILA$PUR —_—__-—__—__~__-.._————-.__—-u.——--—_——_-—~.-—~—— ri Petien NeDQW 20 wt ti é {0i rampi Kar Woare arta, ad abs earm resiien S: Pest — n ilaapur miatt.)ilu m. Jaa l, appr w a te hhtsrh augh : he $eqretar, ‘ a s Legis'e ica V epart .an. Raipmr ). ' ‘ ’ 2. The eler lr. ‘ Dis l$p G‘ & e Eiatri ctien $<ir 3ila$’M y ' '' PETITIwNR Smt. Baa wakya /kmdula Kaivy ge ut a1 y f t e£ village Vet sue RE$P®NEEM$ 1. $ta a£ éatig‘a W T y Lw : iativ ziect f mment. BK.$.‘Ehwn f .aw' \ (cum §$ ’Cc\L/& / alcim. Biaspu ° tt. ilaur ($.); . Th ck Ele E£¢e, (cn§o )a / J/ J/ . mm PETITmN Unmm ARTIcIsE 22 3M a? mm; . : ' w wmswxmrxem XI-HC-78 mm,m,%amgt N‘KNazywJ . Wm (WW) urwj in 200 t WWW mwm WW§WW agmm 13.10.2§06 Shri Anoon Maiumda Shn' Sushil Dubex’. ‘ ‘rEsnonrkn‘tS. ' Argunmnts imard. Order dictatéd as folk C 5mm! Kumax Sinha, J, By way of this writ 1 Constiiution of India. 136th order dated G9.7.2903 (A11: thti capacity of BiStrict Elm informing to th€ natitionef tha t€mp0ra1v Dost of Ass durmg the course of else 01.2.2063 to 31.2,2CO3 am ha aiso infommd ihat thxa €Xp€ri€nc€ for the said no: gmund of hér annointmmn into a’cbount a3 ihe vmv an accordajlca with th€ instruc Learned Gonna—:1 f0 p€titioner is Door and une €xperi€nc<3 gainéd bv work mv r, caunS61 for the Petitioner. Govt. Advocato for tho Siam i I WV S i RAL 012mm 10. 10.2006) mtition filed undor Articlo 226.027 of oner has prayed for quashment of the 1exure P6) passed bv the Collector in ‘tion Officer, Bilaspur, bV which. while hat her application for anooinhnen‘t to istant Grade—HI (Lower Division Clerk) :ions which was for the. nem'od from 1 again upto 30.6.2003 was dismisserl. petitioner did not have “die reauisite it and her ciaim of experience on. the in the year 1995. would not be taken pointment in the vear 1995 was not in tions of ‘the Government. r the petitioner submits that the nployed lady and on the basis of her 11g during the course of elections, she {L XI—HC-78 LHRE 2003 mm<m> mm.y\[o¢@ooo..é. ‘ ‘ (L man-rm WWW mm§wm éKWainhT would have b6en appointed in the said t€nur€s of elections also amid thE action is bad in 1aw‘ He further submits that in future also such exigencies may aise imfom ths Govm‘nmt‘nt ami the c'aSE of this petitioner would not be considered on the basis of the obeeiv‘ations made by The Co Hector] Election Officer that since her appointment as; Assietant Grade-1H (Lower Division Clerk) in the year 1995 was not in accordance with law, the work experience gained by the petitionei‘ Would not be considered and she will further be debaired if the fut Lire temporaiy employments are to he given on the same criteria. his prayer is that the said pelt of the observation made by the District Election Officer should be set aside by which it is stated ‘hat her work experience of the year 1995 would notbe considered Taking experience of a person on a particular post and hisj her nature of appointment on the said post are two different geneses‘ They cannot be vo—related with each other so as to destroy the validity and importance of each other. It is a matter of common sense that even' s person who has not been validly appointed, but has Worked with interest, care and caution and devotion on a particular post will get experience of that post irrespective of the fact that hislher appointment was technically invalid in the eyes of law. Experience is a kind of property which a person gains out of repeated/continuous exercise which lie/she undertakes during the course of assignment of a particular work, it is a process of gaining knowledge by doing and seeing things practically and it has got no nexus with the validity ofo his/lher XI—HC-78 3am,®?hm,f%lamgx L mm~ u‘zo‘o ig mm<W> 9 WWW ‘3’ WW§ %31f%wan annom‘tmmlt for The said V illmzah'tv in this. annomtx cancslléd. but it cannot ‘% exnem'gnce of the said wor} on Q16 mn1icu1a1‘ most for made. For tha reasanS stata‘ disnossa of This Edition exigéncv arissis 1'11 fumra She got whih working as A$ in tlm vear 19Q5. shall 136 not be left consideration bv the above Deriod on the saii This oeii’tion stands directione l’ observations. Go. as oer rules. 701‘}: and on the ground of rocedurai aent, hiS/her ointment m be 3e said that she. ha no id : when admitted hShe as worked which the appointment was inial tilv '1 above. it Woul be t and roer to with an observation that if such an he experience of the etitioner which sietant Grade—I {Lower Division Cler II k} taken into acunt and hr aSe shall not coneideri hr ast en‘ence of A postgmd I direc acordingly. finallV disnoeed of wih th aforesaid t e Sd/- Sunil Kumar Sinha Jue P.T.O. .r.—— C?) W®W %$ D ama av hei s t gane lv. e/ h d ins Dv D co e c nq e D exo t c dg