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High Court Of ChhattisgarhWPS/1255/2021disposed off

Santosh Kumar Sahu v. State Of Chhattisgarh

2021-12-14Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1255 of 2021 • Santosh Kumar Sahu S/o Tikaram Sahu Aged About 44 Years Posted As Gram Rojgar Sahayak At Gram Panchayat Banshajhar, R/o Village Kharra, Tahsil Dharamjaigarh District Raigarh Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Panchayat And Rural Department, Mahanadi Bhawan, Mantralaya Atal Nagar Naya Raipur Chhattisgarh

2. Chief Executive Officer Jila Panchayat, Raigarh District Raigarh Chhattisgarh

3. Chief Executive Officer Janpad Panchayat Dharamjaigarh, Raigarh District Raigarh Chhattisgarh

4. Sarpanch Gram Panchayat, Banshajhar, Tahsil Dharamjaigarh, District Raigarh Chhattisgarh ---- Respondents For Petitioner :

Shri S.P. Sahu, Advocate For State :

Shri Ravi Bhagat, Govt. Adv.

S.B.:

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 14/12/2021 Heard.

1.

The petitioner has called in question advertisement dated 31/12/2020 for appointment of Gram Rojgar Sahayak on the ground that the petitioner held the post for 4 years and therefore, the impugned advertisement is illegal and liable to be quashed.

2.

Mr. Sahu, learned counsel for the petitioner submits that the impugned advertisement issued by respondent No.3 is unsustainable and bad in law. 3.

I have heard learned counsel for the petitioner, considered his submission made herein above and also went through the records with utmost circumspection.

4.

The petitioner's tenure as Gram Rojgar Sahayak has already come to an end on 31/12/2020 which he has not challenged in the writ petition. The advertisement dated 31/12/2020 has been challenged. Merely because the petitioner has worked as Gram Rojgar Sahayak for 4 years, the impugned advertisement cannot be quashed, however, the petitioner is at liberty to participate in the recruitment process and he may also claim that he has already worked for 4 years as Gram Rojgar Sahayak.

5.

As such, I do not find any merit in this petition and the writ petition is finally disposed off reserving liberty to the petitioner to appear in the recruitment process in accordance with the advertisement so issued. Sd/- ( Sanjay K. Agrawal ) Judge Deepti