Ramkumar Pahadiya v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2559 of 2015 Ramkumar Pahadiya S/o Devlal Pahadiya, Aged about 26 years, R/o Village Banasivni (Kamarpara), Ward No. 15, Post Office Sorid, Police Station And District- Mahasamund (Chhattisgarh). ---- Petitioner

Versus

1. State of Chhattisgarh Through- The Secretary, Panchayat and Rural Development, Department, Mahanadi Bhavan, Mantralaya, New Raipur (Chhattisgarh)

2. Chief Executive Officer, Janpad Panchayat Mahasamund, DistrictMahasamund (Chhattisgarh)

3. District Education Officer, Mahasamund, District- Mahasamund (Chhattisgarh) ---- Respondents For Petitioner :

Shri Nasimuddin Ansari, Advocate For respondent/State :

Shri Shashank Thakur, Govt. Adv.

Hon'ble Shri Justice P. Sam Koshy Order On Board 17/07/2015 The petitioner through the instant petition has ventilated his grievance against the order dated 28.02.2015 whereby the petitioner's service from the post of Assistant Teacher (Panchayat) has been terminated/removed. State counsel submits that under the provisions of the Panchayat Raj Adhiniyam there is statutory remedy of appeal which the petitioner has not availed and has filed the present petition seeking for an interference by this Court invoking the extra ordinary powers conferred upon it under Article 226 of the Constitution of India.

Considering the nature of dispute and the non-availing of the alternative remedy, the instant petition is disposed of with a direction that the petitioner shall prefer an appeal before the Appellate Authority within a period of 15 days from today and on receipt of the said appeal, the Authority concerned shall decide the same in accordance with law as expeditiously as possible. With the aforesaid observation, the instant writ petition stands disposed of.

Sd/- (P Sam Koshy) Judge Bhola