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High Court Of ChhattisgarhWPS/1329/2014disposed off

Krishna Mohan Rathia And ORS. v. State Of Chhattisgarh And ORS.

2016-01-21Hon'Ble Shri Justice Sanjay K. Agrawal5 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 1329 OF 2014 1.

Krishna Mohan Rathia son of Shri Sundar Sai Rathia, aged about 39 years, Caste Kanwar, Permanent R/o Kodwaripara Dharamjaigarh, District Raigarh (C.G.) at present working as Lecturer (Panchayat) Govt. Hr. Secondary School Kudekela, P.S. Chhal, Civil and Revenue District Raigarh (C.G.) 2.

Dhadhu Ram Rathia son of Shri Jairam Rathia, aged about 38 years, R/o Village Rilo, P.S. Chhal, Civil and Revenue District Raigarh (C.G.) presently working as Lecturer (Panchayat) Mahraj Ganj, P.S. Chhal, Civil and Revenue District Raigarh (C.G.) 3.

Anil Kumar Gabhel, son of Shri Gulab Singh Gabhel, aged about 40 years, Permanent R/o Village Gondbordi, Post Purena, P.S. and Tahsil Kharsia, presently working as Lecturer (Panchayat) Purunga, P.S. and Tahsil Dharamjaigarh, Civil and Revenue District Raigarh (C.G.) 4.

Kamdev Ram Jaldhari, son of Shri Jhaduram Jaldhari, aged about 38 years, R/o Village Patharatoli, P.S. Duldula, Tahsil Kunkuri, District Jashpur (C.G.), Presently working as Lecturer (Panchayat) Khamhar, P.S. and Tahsil Dharamjaigarh, Civil and Revenue District 5.

Gajanand Rathia, son of Shri Jagar Kishore Singh Rathia, aged about 34 years, R/o Village Gala, Post Gala,

P.S. and Tahsil Pathalgaon, District Jashpur, Presently working as Lecturer (Panchayat) Bakaruma, Tahsil and P.S. Dharamjaigarh, Civil and Revenue District Raigarh (C.G.) 6.

Smt. Suchita Dungdung, wife of Marcus Dungdung, aged about 38 years, permanent R/o Village Baheramar, P.S. Chhal, Tahsil Dharamjaigarh, at present working as Lecturer (Panchayat) Govt. High School Munund, P.S. Chhal, Civil and Revenue District Raigarh (C.G.) 7.

Balbhadra Singh Rathia, son of Chandan Singh Rathia, aged about 37 years, R/o Raipara, Chhal, Tahsil Dharamjaigarh, P.S. Chhal, District Raigarh (C.G.), presently working as Lecturer (Panchayat) Govt. High School Banhar, P.S. Chhal, Civil and Revenue District ---Petitioners

Versus

1. State of Chhattisgarh, Through Secretary, Panchayat & Rural Development Department, Mahanadi Bhawan, New Raipur, District Raipur (C.G.)

2. Chief Executive Officer, Zila Panchayat Raigarh, District

3. Chief Executive Officer, Janpad Panchayat Dharamjaigarh, District Raigarh (C.G.) ----Respondents AND Writ Petition (S) No. 1330 OF 2014 Simon Lakara son of Shri Sadh Ram Lakara, aged about

44 years, Caste Uraon, permanent R/o Village Kharabhauna, Post Supakalo, P.S. Kapu, Tahsil Dharamjaigarh, District Raigarh (C.G.) at present working as Lecturer (Panchayat) Govt. Hr. Secondary School Pakhnakot, P.S. Kapu, Tahsil Dharamjaigarh, Civil and Revenue District Raigarh (C.G.) ---Petitioner

Versus

1. State of Chhattisgarh, Through Secretary, Panchayat & Rural Development Department, Mahanadi Bhawan, New Raipur, District Raipur (C.G.)

2. Chief Executive Officer, Zila Panchayat Raigarh, District

3. Chief Executive Officer, Janpad Panchayat Dharamjaigarh, District Raigarh (C.G.) ----Respondents For Petitioners : Mr. Shivendra Bhardwaj, Advocate For State/respondent No. 1 : Mr. Avinash Singh, P.L. For Respondents No. 2 & 3 : Mr. Ajit Singh, Advocate Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 21/01/2016 1.

Heard on I.A. No. 01, an application for urgent hearing.

2.

On due consideration, I.A.No. 01 is allowed.

3.

With the consent of learned counsel for the parties, matters are heard finally.

4.

Learned counsel for the parties would submit that issue raised in these writ petitions is covered by Writ Appeal No.32 of 2015 (Dinesh Kumar Dewangan and others Vs. State of Chhattisgarh and others) and analogous appeals decided on 09/12/2015, in which, Division Bench of this Court observed as under:- "9. We therefore consider it necessary to remand these matters to the Secretary, Panchayat and Rural Development Department to pass a reasoned and speaking order in accordance with law, and if the Appellants so request, grant them a representative hearing.

10. Let such appropriate fresh orders be passed within a maximum period of six months from the date of receipt and/or production of a copy of this order. The order under appeal to the extent that it concerns the present Appellants is set aside. The writ appeals are allowed with directions."

5.

In view of the above, these writ petitions are disposed in similar terms as Writ AppealNo.32 of 2015

(Dinesh Kumar Dewangan and others Vs. State of Chhattisgarh and others) and analogous appeals. Sd/- (Sanjay K. Agrawal) JUDGE Tiwari