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High Court Of ChhattisgarhWPS/2882/2018disposed off

Manoj Kumar Yadav v. State Of Chhattisgarh

2018-04-09Hon'Ble Shri Justice Manindra Mohan Shrivastava2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No.2882 of 2018 Manoj Kumar Yadav, S/o Shri Bidesh Ram Yadav, aged about 31 years, R/o Village Navagarh, Post Navagarh, District- Bemetara (CG) ---- Petitioner

Versus

1. State Of Chhattisgarh Through the Secretary, Department of Panchayat Mantralaya, Mahanadi Bhawan, Capital Complex, New Raipur, District -Raipur (CG)

2. Chief Executive Officer, Zila Panchayat Bemetara, District : Bemetara (CG)

3. Chief Executive Officer, Janpad Panchayat Navagarh, District : Bemetara (CG)

4. The Collector, Bemetara, District- Bemetara (CG) ---- Respondents For Petitioner :

Shri Subhash Yadav, Advocate For State :

Shri Satish Gupta, Govt. Advocate S.B. : Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 09/04/2018 Heard.

1. The petitioner is aggrieved by termination order dated 5.1.2018 by which his appointment against the post of Peon on collectorate rate has been terminated due to regular appointment.

2. Learned counsel for the petitioner submits that the petitioner was working under the employment of the respondent for last 7 years on collectorate rate basis and now after having worked for 7 years, he has been rendered unemployed.

3. True it is that the petitioner is now rendered un-employed after 7 years, but

-2considering that the appointment of the petitioner was only on collectorate rate basis and not regular basis under any regular process of recruitment against the vacancy of Peon, the impugned order cannot be interfered with by this Court because the reason for termination of daily wage employment is that the post has now been filled up by way of regular recruitment.

4. Nevertheless, considering that the petitioner was under employment for long 7 years, the concerned Janpad Panchayat, Navagarh may consider whether the petitioner could be considered for any other collectorate rate employment. The petitioner may also approach other public authority for considering him on preferential basis if there is any need for engagement on collectorate rate.

5. The petition is accordingly disposed off.

Sd/- -- (Manindra Mohan Shrivastava) Judge Praveen