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High Court Of ChhattisgarhWPS/7501/2010disposed off

Rangilal Kaiwartya And ORS. v. State Of Chhattisgarh And ORS.

2019-09-26Hon'Ble The Chief Justice,Hon'Ble Shri Justice Parth Prateem Sahu2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 7501 of 2010

1. Rangilal Kaiwarta, S/o Shri Sonuram Kaiwarta, aged about 40 years, Shiksha Karmi Grade-III Govt. Primary School Udayband, Block-Balouda, District Janjgir-Champa (C.G.)

2. Rakesh Kumar Yadav, S/o Shri Shivhath Yadav, aged about 35 years, Shiksha Karmi Grade-III Govt. Primary School Pisaoud, Block-Balouda, District JanjgirChampa (C.G.)

3. Smt. Pushpa Singh, W/o Shri Sumer Singh, aged about 38 years, Shiksha Karmi Grade-III Govt. Primary School Paraudera, Block-Balouda, District Janjgir-Champa (C.G.)

4. Ku. Madhulika Arjariya, D/o Shri Mahadev Arjariya, aged about 32 years, Shiksha Karmi Grade-III Govt. Primary School Lachhanpur, Block-Balouda, District Janjgir-Champa (C.G.) ---- Petitioners

Versus

1. State of Chhattisgarh, Through School Education Department, D.K.S. Bhawan, Raipur (C.G.)

2. The Secretary State of Chhattisgarh Panchayat & Social Services, C.G. State Raipur (C.G.)

3. Director Public Instructions Chhattisgarh, Raipur, District Raipur (C.G.)

4. The District Education Officer, District Janjgir-Champa (C.G.) ---- Respondents For Petitioners :

None.

For Respondents/State :

Shri Sudeep Agrawal, Deputy Advocate General. Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu, Judge Order on Board Per P. R. Ramachandra Menon, Chief Justice 26.09.2019 1.

The prayers in the writ petition are in the following terms: "10.1 That the petitioners are humbly prayed before this Hon'ble Court may kindly be pleased to quash the

impugned notification Annexure P/1 & P/2 as passed by respondent No. 1 declared as Ultra vires.

10.2 That the Hon'ble Court may kindly be pleased to direct the respondent no.3 to promote the petitioners without taking any examination only on the basis of seniority in the interest of justice.

10.3 That the Hon'ble Court may kindly be pleased to direct the respondents to participate the petitioners in forth coming examination and the examination be opened for all the eligible candidates of the district janjgirchampa. 10.4 Any other relief, which may be deemed, fit by this Hon'ble Court just and proper in the facts and circumstances of the case may also be provided in favour of the petitioners."

2.

When the matter is taken up for consideration, the learned Deputy Advocate General submits that the issue/dispute involved in this case is covered by the judgment passed by a Full Bench of this Court on 23.08.2019 in Writ Appeal No. 147 of 2012 and connected cases; declining the relief. 3.

In the said circumstances, interference is declined. The writ petition stands dismissed in terms of the judgment dated 23.08.2019 as mentioned above. Sd/- Sd/- (P. R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Brijmohan