High Court Of ChhattisgarhWPS/8579/2019disposed off

Ram Prasad Painkra v. State Of Chhattisgarh

2019-10-17Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 8579 of 2019 • Ram Prasad Painkra S/o Shri Ishwar Painkra Aged About 36 Years Working On The Post Of Assistant Teacher (Panchayat) Government Primary School Batouli, District Surguja, Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through The Secretary School Education Department, Mahanadi Bhawan Mantralay, Naya Raipur, Atal Nagar, Post Office And Police Station Naya Raipur, District Raipur, Chhattisgarh.

2. Chief Executive Officer Zilla Panchayat Ambikapur, District Surguja, Chhattisgarh.

3. Chief Executive Officer Janpad Panchayat Batouli, District Surguja, Chhattisgarh.

4. Block Education Officer Batouli, Block Batouli, District Surguja, Chhattisgarh. ---- Respondents For Petitioner :

Shri V.K. Pandey, Advocate For Respondents/State :

Shri Priyank Rathi, PL Hon'ble Shri Justice Goutam Bhaduri Order On Board 17/10/2019

1. Heard.

2. The grievance of the petitioner is that the petitioner was initially appointed as Shiksha Karmi Grade-III on probation on 28.06.2005. Subsequently, the services of the petitioner was suspended in the year 2011 as criminal case was registered against him. Eventually after the conclusion of the criminal trial, the petitioner was acquitted on 30.06.2018. Subsequently, the suspension order of

the petitioner was revoked on 18.08.2018 and the petitioner was reinstated in the services.

3. It is contended that since the petitioner was acquitted in the criminal case, as such the application was filed for regularization, however, the request for regularization has not been considered despite the fact that the CEO, Zila Panchayat, Ambikapur has forwarded the same to the CEO, Janpad Panchayat, Batouli, district Sarguja, therefore, it is prayed that the request of the petitioner may be considered for regularization reckoning his date of appointment in the year 2005.

4. Perused the documents. The document Annexure P-6 which is the letter dated 06.08.2019, issued by the CEO, Zila Panchayat, Ambikapur which purports that the case of the petitioner has been forwarded to the CEO, Janpad Panchayat, Batouli, for consideration of the regularization. Be that as it may, taking into the fact that the petitioner has been acquitted in the criminal case and the recommendation has already been made by the CEO, Zila Panchayat, Ambikapur, it is directed that the CEO, Janpad Panchayat, Batouli shall decide the grievance of the petitioner for regularization in the services taking into the recommendation made by the CEO, Zila Panchayat, Ambikapur by letter dated 06.08.2019. The said exercise shall be carried out within a period of 90 days from the date of receipt of copy of this order.

5. With the aforesaid observation, the writ petition stands disposed of. Sd/- Goutam Bhaduri Judge Ashu