Neelabh Singh Dixit v. State Of Chhattisgarh

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2981 of 2017

1. Neelabh Singh Dixit S/o Shriram Singh Dixit Aged About 34 Years Presently Posted And Working As Assistant Teacher ( Panchayat ), Government Primary School, Baiharsari, Block Bemetara, District Bemetara, Chhattisgarh.

2. Abhay Singh S/o Indra Singh Aged About 32 Years Presently Posted And Working As Assistant Teacher ( Panchayat ), Government Primary School, Chhirha, Block Bemetara, District Bemetara, Chhattisgarh.

3. Smt. Neeta Deshmukh W/o Harinarayan Deshmukh, Aged About 40 Years Presently Posted And Working As Assistant Teacher ( Panchayat ), Government Primary School, Kanteli, Block Bemetara, District Bemetara, Chhattisgarh. ---- Petitioners

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Panchayat And Rural Development, Mahanadi Mantralaya, Naya Raipur, Post Office And Police Station Naya Raipur, District Raipur, Chhattisgarh.

2. Director, Directorate Of Panchayat And Rural Development, Indrawati Bhawan, Naya Raipur, Post Office And Police Station Naya Raipur, District Raipur, Chhattisgarh.

3. Collector, Bemetara, Chhattisgarh.

4. Zila Panchayat, Bemetara, Through Its Chief Executive Officer, Zila Panchayat, Bemetara, Chhattisgarh.

5. Janpad Panchayat, Bemetara, Through Its Chief Executive Officer, Janpad Panchayat Bemetara, Chhattisgarh.

6. District Education Officer, Bemetara, Chhattisgarh.

7. Block Education Officer, Bemetara, Chhattisgarh. ---- Respondents For Petitioners :

Shri Vivek Shrivastava, Advocate For State :

Shri Satish Gupta, Govt. Advocate S.B. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 12/07/2017 Heard.

1. Though number of grounds have been raised to assail the correctness of impugned order, learned counsel for the petitioners could not dispute the legal

-2position that against the impugned order, there exists a remedy of filing appeal under Rule 3 of Chhattisgarh Panchayat (Appeal & Revision) Rules, 1995 and their remedy would be to file an appeal before the Director Panchayat as the impugned order has been passed by the Jila Panchayat.

2. Therefore, I am not inclined to go into the merits of the case. The petition is accordingly dismissed with liberty to the petitioners to file appeal.

3. If the appeal is filed by the petitioners within a period of 30 days from today, the Appellate Authority shall decide the same in accordance with law, without raising any objection on limitation.

Sd/-- (Manindra Mohan Shrivastava) Judge Praveen