Smt. Khemlata v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (S) No. 7574 of 2018 • Smt. Khemlata, wife of Shri Churaman Singh Sahu, aged about 31 years, R/o Village Bhanpuri, Post Dhaneli, P.S. and Tahsil Gurur, District Balod (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, Through the Secretary, Panchayat & Rural Development Department, Mahanadi Bhawan, Mantralaya, New Raipur (C.G.)

2. Secretary, School Education Department, Mahanadi Bhawan, New Raipur (C.G.)

3. The Collector, Jagdalpur, District Bastar (C.G.)

4. The Chief Executive Officer, Zila Panchayat, Jagdalpur, District Bastar (C.G.)

5. The Chief Executive Officer, Janpad Panchayat, Bastarnar, District Bastar (C.G.) ---- Respondents For Petitioner : Shri Ashok Kumar Shukla and Shri Atanu Ghosh, Advocates For State : Shri Dheeraj Wankhede, Govt. Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 19.11.2018 1.

Challenge in the present writ petition is to the order dated 22.09.2018 whereby claim of the petitioner for appointment on the post of Shiksha Karmi Grade-III under Janpad Panchayat, Bastanar, District Bastar has been rejected.

2.

At the outset without entering the merits of the case, this Court is of

the view that this writ petition is not maintainable as it suffers inordinate delay and latches. The petitioner on the earlier occasion also filed a writ petition i.e. W.P.(S) No. 4123 of 2018 and this Court it seems was not inclined to entertain the writ petition and the petitioner withdrew the writ petition with a liberty to get her grievance ventilated before the authorities concerned. Thereafter, she moved an application which stood decided by the impugned order (Annexure-P/1). The recruitment process or appointment challenged in the present case arises out of recruitment initiated in the year 2009 and the intervening period in between is roughly about 9 years. 9 years for filing of a writ petition is undisputedly is a pretty long time.

3.

It is settled position of law that for seeking a relief by way of writ jurisdiction under Article 226 of the Constitution, aggrieved person should file a case or knock the doors of the Court at the earliest preferably within a reasonable period and 9 years can never be said to be reasonable period under any stretch of imagination. Entertaining the present writ petition would be opening of a pandora box and it may result to unsettling all those situations and circumstances are by efflux of time has already got settled. Therefore, the writ petition suffers delay and latches and is accordingly dismissed.

Sd/- (P. Sam Koshy) Judge vatti