High Court Of ChhattisgarhWPS/8263/2018allowed

Sita Yadav v. The State Of Chhattisgarh

2018-12-13Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS. No. 8263 of 2018 Sita Yadav W/o Shri Daulat Yadav Aged About 32 Years R/o Gram Panchayat Chetwa, Vikaskhand Berla, Police Station Berla District Bemetara Chhattisgarh.

---- Petitioner

Versus

1. The State Of Chhattisgarh Through The Secretary, Department Of Women And Child Development, Mahanadi Bhawan, Mantralaya, Naya Raipur, P.S. Rakhi, Tahsil And District Raipur Chhattisgarh.

2. The Collector, Bemetra, District Bemetra Chhattisgarh.

3. The Chief Executive Officer Janpad Panchayat, Berla, District Bemetra Chhattisgarh.

4. The Project Officer Child Development Programme, Berla, District Bemetra Chhattisgarh.

5. The Sarpanch, Gram Panchayat, Chetwa, Berla, District Bemetra Chhattisgarh.

6. Smt. Dropati Yadu W/o Shri Parmanand Yadu, Village Sahgaon, Tehsil Berla District Bemetra Chhattisgarh.

---- Respondents For Petitioner : Mr. Rajat Agrawal, Advocate. For State : Ms. Sunita Jai, PL.

Hon'ble Shri Justice P. Sam Koshy Order on Board 13.12.2018

1. The petitioner challenge the present writ petition is to the order of Annexure P-1 order dated 21.08.2017 whereby the respondent No.6 is said to have been appointed as 'Aganwadi Worker' at Gram Panchayat Chetwa at Aganwadi Centre, Seh Gaon under Janpat Pancahyat, Berla, Distt. Bemetra, Chhattisgarh.

2. Perusal of the records would show that the impugned order is an appealable order. The contents of the documents would show that though the petitioner had immediately raised an objection before the Competent Authority, but the same was not in the format of an appeal and it is the grievance of the petitioner that the said representation also till date have not been decided by the respondents.

3. Given the said facts and circumstances of this case, let the petitioner file a detailed appeal to the respondent No.2 within a period of 15 days from the date of receipt of the copy of this order. Respondent No.2 is directed to consider the appeal on its merits ignoring the limitation as the petitioner had already approached the Collector immediately on the appointment by way of a representation. The Collector shall decide the matter on merits preferably within a period of 60 days from the date of receipt of the order of this Court.

4. Accordingly, the writ petition is allowed. Sd /- (P. Sam Koshy) Judge Jamal