Smt. Bhagwati Markam v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 741 of 2016 Smt. Bhagwati Markam W/o Shri Ramesh Kumar Markam, aged about 40 years, R/o Village Kodwagodan, Tah. Pandariya, District - Kabirdham (CG) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary : Department Of Panchayat And Rural Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur (Chhattisgarh)

2. Rajeev Gandhi Shiksha Mission, Through The Collector, Kabirdham, District Kabirdham (Chhattisgarh)

3. Chief Executive Officer, Janpad Panchayat Pandariya, District Kabirdham (Chhattisgarh) ---- Respondents Shri Avadesh Mishra, counsel for the petitioner/s. Shri Dhiraj Wankhede, Govt. Advocate for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 04/07/2016 Heard on admission.

The petitioner has challenged the legality and validity of an order of dismissal from service passed by the Chief Executive Officer, Janpad Panchayat, Pandariya on 01/10/2010.

2.

The petitioner has filed an application titled as "Application for condonation of delay in filing the instant writ petition", in which, it has been stated that the petitioner was assured by some officer for reinstatement. The other ground is that the petitioner was under medical treatment. Therefore, the petition could not be filed in time.

3.

The reason assigned for delay in the application are blissfully vague. The petitioner was dismissed from service way back in the year 2010 and this writ petition is filed after six years. The nature of decease is not mentioned

in the application nor any medical certificate has been placed on record. The discretionary relief under Article 226 of the Constitution of India is available to those, who act promptly and not to such litigants, who are indolent in seeking appropriate relief from the Court. 4.

Therefore, this petition is liable to be dismissed and is accordingly dismissed only on the ground of delay and laches. Sd/- (Manindra Mohan Shrivastava) Judge Deepti