Smt. Lata Patel v. State Of Chhattisgarh

HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 3764 of 2020 Smt. Lata Patel W/o Laxmi Prasad Patel, Aged About 28 Years R/o Village Tarkela, Tahsil Raigarh, District Raigarh Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Panchayat And Rural Department Mahanadi Bhawan, Naya Mantralaya, Naya Raipur Chhattisgarh

2. State Mission Director, Office Of The Development Commissioner, Block- I V, 1st Floor, Indrawati Bhawan Atal Nagar, Raipur, District Raipur Chhattisgarh.

3. Chief Executive Officer, Zila Panchayat Raigarh, District Raigarh Chhattisgarh

4. Shikha Sahu W/o Dharmesh Sahu Village Kansinghi Block Chhura District Gariaband Chhattisgarh ---Respondents For petitioner - Shri Prabhat Kumar Saxena, Advocate. For State- Shri Amrito Das, Addl. A.G.

Hon'ble Shri Justice Goutam Bhaduri Order 23/09/2020 Heard.

1.

Instant petition is against the order dated 5/03/2020 (Annexure P-1) passed by the CEO, Zila Panchayat, Raigarh. 2.

Learned counsel for the petitioner would submit that though the petitioner is qualified but then in preference respondent No.4 has been appointed by the Zila Panchayat.

3.

Since the services are under the Panchayat and the appointment are made by Zila Panchayat, therefore against any order passed by the Zila Panchayat statutory appeal would lie before the competent authority under the Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995. Therefore, since alternative statutory remedy is available and considering the factual aspect which are made in this petition, the petitioner may prefer necessary appeal, if so advised, before the competent authority within a

period of 30 days from today.

4.

With the above observation, the petition is disposed of. Sd/- (Goutam Bhaduri) JUDGE gouri