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High Court Of ChhattisgarhWPS/5485/2007dismissed

Sudhakar v. State Of Chhattisgarh And ORS.

2017-02-08Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.5485 of 2007 Sudhakar @ Anager, S/o Dayaram, aged about 60 years, R/o Balmiki Avas, Atarmuda Chowk, Near T.V. Tower, Raigarh, Distt. Raigarh (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, Through Secretary, Department of Local Administration, D.K.S. Bhawan, Raipur (C.G.)

2. The Commissioner, Nagar Palika Nigam, Raigarh (C.G.) ---- Respondents For Petitioner:

Mr. Rakesh Pandey, Advocate.

For Respondent No.1/State:

Mr. Ashish Surana, Panel Lawyer.

For Respondent No.2:

Mr. Pankaj Agrawal, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 08/02/2017

1. The office objection is overruled.

2. Learned counsel for the petitioner submits that the petitioner has retired after completion of sixty years but he is entitled to be reappointed on the said post for two years further.

3. Learned counsel for respondent No.2 submits that there is no provision of reappointment of the petitioner who was daily wager and as such, he cannot be given appointment.

4. Be that as it may, the petitioner is a daily wager and he was not holding any substantive post. The petitioner cannot maintain this writ petition claiming reappointment. No direction can be given to reappoint the petitioner contrary to the rules and as such, the writ petition deserves to be dismissed and is accordingly dismissed. No order as to costs. Sd/- (Sanjay K. Agrawal) Judge Soma