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High Court Of ChhattisgarhWPS/4700/2019dismissed

Ku. Jaba Rani Mandal @ Jabrani Mandal v. State Of Chhattisgarh

2019-06-28Hon'Ble Shri Justice P. Sam Koshy3 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 4700 of 2019 Ku. Jaba Rani Mandal @ Jabrani Mandal D/o Naren Mandal, Aged About 35 Years, R/o P.V. 41, Pankhajur, District- North Bastar Chhattisgarh Posted As Shiksha Karmi Grade-III, Government Primary School, PV-112, Pankhajur Janpad Panchayat, Koyalibeda, District- Kanker, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Naya Raipur, Chhattisgarh

2. The Collector, District- Kanker, Chhattisgarh

3. Chief Executive Officer, Janpad Panchayat, Koylibeda Pankhajur District- Kanker, Chhattisgarh

4. R. K. Dhruw Ex. CEO, Janpad Panchayat, Koylibeda Pankhajur District- Kanker, Chhattisgarh.........(Member Of Shiksha Karmi Grade-III, Selection Committee Koylibeda, District- Kanker, Chhattisgarh)

5. J. R. Gavde, Secretary/Block Education Officer And Addl. CEO, Janpad Panchayat, Koylibeda Pankhajur, District- Kanker, Chhattisgarh.........(Member Of Shiksha Karmi Grade-III, Selection Committee Koylibeda, District- Kanker, Chhattisgarh)

6. Arjun Ram Sarpe, Member, Block Source Coordinator, Koylibeda District- Kanker, Chhattisgarh.........(Member Of Shiksha Karmi Grade-III, Selection Committee Koylibeda, District- Kanker, Chhattisgarh)

7. Shankarlal Jain, Prabhari Panchayat And Samaj Sewa Sangathak

Koylibeda, District- Kanker, Chhattisgarh.........(Member Of Shiksha Karmi Grade-III, Selection Committee Koylibeda, District- Kanker, Chhattisgarh)

8. Asanram, Janpad Sadasya Chayan Koylibeda, District- Kanker, Chhattisgarh.........(Member Of Shiksha Karmi Grade-III, Selection Committee Koylibeda, District- Kanker, Chhattisgarh)

9. B. P. Saral, Member And Project Officer, Women And Child Development Department, Pankhajur, DistrictKanker, Chhattisgarh...................(Member Of Shiksha Karmi Grade-III, Selection Committee Koylibeda, District- Kanker, Chhattisgarh) ---- Respondents For Petitioner :

Shri Aman Upadhyay, Advocate For State :

Shri Saleem Kazi, Dy. A.G.

Hon'ble Shri Justice P. Sam Koshy Order On Board 28.06.2019

1. The challenge in the present writ petition is to the order Annexure P-1 dated 13.10.2008 whereby the appointment order granted to the petitioner vide order dated 14.03.2008 has been cancelled.

2. The ground of cancellation of appointment was that during the course of enquiry it was found that all the appointments were fake.

3. The present writ petition has been filed in the year 2019. Apparently, there is a delay of more than 10 years in challenging the cancellation of appointment order. No justifiable reason has been assigned by the petitioner for challenging the cancellation of appointment after 11 years neither has the petitioner been able to give any cogent explanation as to what prevented her from challenging the order of cancellation of

appointment during these 11 years. The writ petition thus suffers from inordinate delay and laches.

4. The writ petition accordingly stands dismissed only on the ground of delay and laches.

Sd/- P. Sam Koshy Judge Bhola