Nand Kumar Yadav v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.5465 of 2017 • Nand Kumar Yadav S/o Shiv Kumar Yadav Aged About 34 Years R/o Village Bela Tahsil Bharatpur, District Koriya Chhattisgarh. ---- Petitioner
Versus
1. State Of Chhattisgarh Through Its Secretary, Panchayat And Rural Development Department, Naya Raipur District Raipur Chhattisgarh.
2. The Collector, District Koriya Baikunthpur Chhattisgarh.
3. Chief Executive Officer, Jila Panchayat, Koriya Baikunthpur Chhattisgarh.
4. Chief Executive Officer, Janpad Panchayat Bharatpur District Koriya Chhattisgarh.
---- Respondents For Petitioner :
Shri Parag Kotecha, Advocate For Respondent/State :
Shri Chandresh Shrivastava, PL Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 13/10/2017 This petition has been filed by the petitioner being aggrieved by the action of the respondents for filling up the post of Rojgar Sahayak by issuing an advertisement for appointment to the post of Rojgar Sahayak.
2.
Learned counsel for the petitioner submits that the petitioner was terminated from the post of Rojgar Sahayak, which order is not challenged in appeal. It is submitted that though appeal has not been decided and in the meantime, the respondents have proceeded to fill up the post. It is submitted that even if the petitioner succeeded in appeal, the petitioner would be prejudiced, because termination of the petitioner is not under challenge in appeal.
3.
The post of Rojgar Sahayak cannot be allowed to remain vacant, because it would be contrary to public interest. In the event, the appeal is allowed, the petitioner will be entitled to reinstatement and the respondents would be under obligation to
reinstate the petitioner against any available post of Rojgar Sahayak. 4.
Appeal of the petitioner has remained pending since August, 2017. Therefore, at this stage, it is directed that the appeal of the petitioner shall be decided expeditiously without granting unnecessary adjournment to any of the parties. 5.
With the aforesaid observation, this petition is finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Tumane