Rekha Vaidya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 271 of 2020 Rekha Vaidya D/o Chandulal Vaidya Aged About 43 Years W/o Shri Durgesh Kuttare, R/o Village And Tahsil- Mainpur, District- Gariyaband, Chhattisgarh. --- Petitioner

Versus

1. State of Chhattisgarh through its Secretary, School Education Department, Mantralaya, Mahanadi Bhawan Atal Nagar, Naya Raipur, District- Raipur, Chhattisgarh.

2. The Collector Dhamtari, District- Dhamtari, Chhattisgarh. --- Respondents For the Petitioner : Mr. Sanjay Agrawal, Advocate For the State/Respondents : Mr. Akanksha Jain, Dy. G.A.

Hon'ble Shri Justice Goutam Bhaduri Order on Board 14.01.2020

1. The grievance of the petitioner is that she was appointed as Shiksha Karmi Grade -III in the year 1999 and worked till July 2001. Subsequently because of some medical illness, she could not join the duties and remained absent, as a result, her service was terminated vide order dated 24.10.2005. The said order was subject of challenge in W.P. No. 387 of 2004 wherein this Court on 11th Sept. 2009 has dismissed the petition with liberty to the petitioner to take recourse to alternative statutory forum. Thereafter the petitioner has preferred appeal before the Collector under section 91 of the C.G. Panchayat Raj Adhiniyam, 1993.

2. It is contended that the only prayer made before this Court is that at this stage, the said appeal may be directed to be decided. Since the limited prayer has been made that the appeal pending before the Collector is still to

be adjudicated, without any observation on merits of the case, it is directed that if statutory appeal preferred by the petitioner against the termination of service is still pending before the Collector the same may be decided within an outer limit of 90 days from the date presentation of this order.

3. With the above observation, this writ petition stands disposed off. Sd/- (GOUTAM BHADURI) JUDGE R a o