High Court Of ChhattisgarhWPS/1723/2020disposed off

Abdul Salim v. State Of Chhattisgarh

2020-03-16Hon'Ble Shri Justice Goutam Bhaduri3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 1708 of 2020 • Bhuwan Lal Nirmalkar S/o Late Shiv Singh Nirmalkar, Aged About 45 Years R/o Village Junwani Post - Bhaisma, Police Station- Urga, Tahsil- Kartala, District- Korba, Chhattisgarh.

---- Petitioner

Versus

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

2. The District Education Officer Korba, District- Korba, Chhattisgarh.

3. Chief Executive Officer, Jila Panchayat Korba, District- Korba, Chhattisgarh. ---- Respondents WPS No. 1723 of 2020 • Abdul Salim S/o Abdul Gaffar Aged About 46 Years R/o Village Nonbirra, Post Bhaisma, Police Station Urga, Block Kartala, District Korba Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Additional Secretary, Panchayat And Rural Development, Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur District Raipur Chhattisgarh

2. Director Panchayat Directorate, Head Of The Department, Indrawati Bhawan, New Raipur Chhattisgarh

3. The District Education Officer Korba District Korba Chhattisgarh

4. Chief Executive Officer Jila Panchayat Korba District Korba Chhattisgarh ---- Respondents For Petitioner :

Shri Abhishek Pandey, Advocate For Respondents/ State :

Shri Kapil Maini, P.L.

Hon'ble Shri Justice Goutam Bhaduri Order On Board 16/03/2020

1. Both the petitions are being heard together and decided by this common order as the issue involved is one and the same.

2. The instant petition is filed for the following reliefs:- 10.1 That Hon'ble Court may kindly be pleased to call for entire records pertaining to the petitioner's case for kind perusal of this Hon'ble court.

10.2 That in view of representation dated 10.03.2014 in WPS No. 1708 of 2020, 23.08.2014 in WPS No. 1723 of 2020 and subsequent representation dated 19.10.2015 and since those representation have not yet been decided hence the concerned respondents be directed to dispose of the representation within the period of 30 days from the date of order. 10.3 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 be provided in favour of the petitioner.

3. The petitioners were appointed as Shiksha Karmi Grade- III in the year 1995 for 1 year. It is contended that in view of the order passed in the SLP No. 202571/1994 in case of Saraswati Dewangan Vs. State of C.G. (Annexure P-2) certain directions were issued by the State of C.G. to the CEO, Korba to decide the applications of one Ganesh Singh Maitri, Dadu Singh Rathiya, Udheram Pekra & Bhuvan Lal Nirmalkar, therefore, under the circumstances the case of the petitioners may also be considered. The petitioners appear to have made certain communication on 10.03.2014 and it is contended that one more petition filed by the petitioner is pending which is of 2016.

4. Taking into the fact delay occurred in this case, the petition suffered from delay and latches, therefore, at this stage, as the petitioners were appointed in the year 1995 and subsequently terminated in one year, no relief can be granted. The petitions being devoid of merit is liable to be and is hereby dismissed.

Sd/- Goutam Bhaduri Judge Jyoti