High Court Of ChhattisgarhWPS/5325/2012disposed off

Shailendra Kumar Sharma v. State Of Chhattisgarh And ORS.

2015-08-13Hon'Ble Shri Justice Prashant Kumar Mishra2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 5325 of 2012 • Shailendra Kumar Sharma S/o Mahesh Prasad Sharma Aged About 36 years Vill. Beltukri, Post Ganiyari, P.S. Takhatpur Dist. Bilaspur C.G. ---- Petitioner

Versus

1. State Of Chhattisgarh And Ors. S/o Thru The Secrty. Deptt. Of Panchayat & Rural Devel. Deptt. Dks Bhawan, Mantrly. Raipur C.G.

2. Distt. Education Officer Janjgir, Dist. Janjgir-Champa C.G.

3. Chief Municipal Officer Municipal Council, Akaltara, Distt. JangirChampa C.G.

4. Principal Lt. Pt. Shivadhin Dubey Govt. Boys Hr. Sec. School Akaltara, Dist. Jangir Champa C.G.

---- Respondent {Note: cause title has been reproduced as is available in the CIS Software} For Petitioner : Shri Prateek Sharma, Advocate.

For Respondent/State : Shri Bhaskar Payashi, Panel Lawyer. For Respondent No.3 : Shri Akhilesh Kumar, Advocate. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 13/08/2015

1. The matter pertains to appointment to the post of Vyayam Shikshak in the Municipal Council, Akaltara, District Janjgir-Champa for which advertisement (Annexure-P/1) was issued in the year 2011.

2. Learned counsel for the petitioner would submit that representation

preferred by the petitioner is pending consideration before the Municipal Council, but the same is not considered because of pendency of this writ petition.

3. Shri Akhilesh Kumar, learned counsel appearing for the Municipal Council would submit that if this Court directs, the matter shall be considered in accordance with law.

4. In view of the above, it appears, representation preferred by the petitioner is still pending consideration. Therefore, without commenting on the merits of the matter, the writ petition is disposed of with a direction to the respondent/Municipal Council to consider and decide the petitioner's representation, which may be moved by the petitioner afresh within a period of one month from today. On such representation being made, the Municipal Council shall decide the application/representation by a speaking order within a period of 3 months from the date of submission of representation. However, in the event of fresh cause of action, the petitioner may move afresh before this Court.

Sd/- Judge (Prashant Kumar Mishra) Barve