Dheeraj Kumar Jaiswal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 8392 of 2018

1. Dheeraj Kumar Jaiswal S/o Satyanarayan Jaiswal, Aged About 43 Years, R/o Village Sakariya, Janpad Panchayat Khadgawa, District Koriya, Chhattisgarh.

2. Balram Rajwade S/o Balkishun Rajwade, Aged About 45 Years, R/o Village Sawala, Janpad Panchayat Khadgawa, District Koriya, Chhattisgarh.

---Petitioners

Versus

1. State Of Chhattisgarh, Through Secretary, Department Of Panchayat And Rural Development, D.K.S. Bhawan, Raipur, Chhattisgarh.

2. The Collector, Baikunthpur, the Collector's Office Baikanthpur, District Koriya, Chhattisgarh.

3. The Chief Executive Officer, Janpad Panchayat Khadgawa, District Koriya (C.G.).

---Respondents For petitioners :

Shri Nishi Kant Sinha, Advocate.

For State :

Ms. Sunita Jain, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 02/01/2019 1.

Grievance of the petitioners is that they were appointed as Shikshakarmi vide Annexure P/1 (filed collectively) along with number of other persons including those whose names find place in the document Annexure P/3.

2.

Learned counsel for the petitioners submits that after about 2 years of service, the petitioners service was terminated by an oral order along with other persons. Some of the persons filed writ petition before this Court and

thereafter, their representations were considered and they have been given appointment vide order dated 20.9.2013, 8.10.2015 and 13.07.2017. He submits that purpose of filing this petition would be served if at this stage the petitioners are permitted to withdraw this petition with liberty to file representation before respondent No. 3 for similar relief. However, he prays for direction to respondent No. 3 to consider the case of the petitioners in the light of order dated 20.9.2013 passed in favour of five other similarly situated persons. He further submits that some time limit may also be fixed for respondent No. 3 to pass order.

3.

State counsel has no objection if any such direction is issued to respondent No. 3. He, however, submits that the petitioners case would be considered strictly in accordance with law subject to their suitability. 4.

In view of above, the petitioners are permitted to withdraw this petition with the aforesaid liberty. In the eventuality of filing fresh representation along with copy of this order by the petitioners before respondent No. 3 within three weeks from today, it is expected from respondent No. 3 to pass appropriate order in accordance with law keeping in view the order dated 20.9.2013, 08.10.2015 & 13.07.2017 (Annexure P/3) as expeditiously as possible preferably within four months from the date of receipt of such representation.

5.

Nothing in this order shall be construed as an expression of opinion of this Court on merits of the case and the competent authority shall be at

liberty to decide representation of the petitioner in accordance with law. Sd/- (P. Sam Koshy) Sumit JUDGE