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High Court Of ChhattisgarhWPS/365/2017disposed off

Sunita Ghirtlahare v. State Of Chhattisgarh

2017-01-23Hon'Ble Shri Justice Sanjay K. Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No.365 of 2017

1. Sunita Ghirtlahare D/o Homan Ghritlahare, Aged About 30 Years R/o Village Chargawa, Post Pratappur, Tahsil And District Bemetara (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, P.S. Rakhi, Tahsil Aarang, Naya Raipur, District Raipur (Chhattisgarh)

2. Secretary, Department Of Panchayat And Rural Development, Mantralaya, P.S. Rakhi, Tahsil Aarang, Naya Raipur, District Raipur, (Chhattisgarh)

3. Director, Public Instructions, Raipur, Indrawati Bhawan, Naya Raipur, (Chhattisgarh)

4. Chief Executive Officer, Zila Panchayat, Baloda Bazar, District Baloda Bazar Bhatapara, (Chhattisgarh) ---- Respondents For Petitioner:

Mr. K.P. Sahu, Advocate.

For State/Respondents: Mr. Gary Mukhopadhyay,Dy. Govt. Advocate. Hon'ble Shri Justice Sanjay K.Agrawal Order On Board 23/01/2017

1. Heard.

2. Issue notice.

3. Mr. Mukhopadhyay, Dy.G.A. accepts notice on behalf of the State/respondents. Hence the petitioner is not required to pay separate PF for the State/respondents.

4. At the outset, learned counsel for the petitioner submits that the instant writ petition may be disposed of in the light of the order

dated 25-10-2016 passed in W.P.No.7624/2006.

5. In W.P.No.7624/2006 vide order dated 25-10-2016, this Court held as follows: - "4.

It is well settled law that absorption of a person not appointed in accordance with the rules would result in denial of equal opportunity in the matter of employment to other eligible candidates for public office (see Union of India and others v. Kishan Gopal Vyas1).

5.

However, if the advertisement is issued for recruitment for the post of Teacher, the petitioners are at liberty to apply for the said post and to appear in accordance with law."

6. In view of the above, the petition is disposed of on similar terms as observed herein-above. No order as to costs. Sd/- (Sanjay K. Agrawal) Judge L/- (1996) 7 SCC 134