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High CourtsSingle Bench(2019) 11 CHH CK 0017

Chitrakant Yadav And Ors vs State Of Chhattisgarh Through The Secretary And Ors

Chhattisgarh High Court · Decided on 18 November 2019

HON’BLE JUDGES
Goutam Bhaduri, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (S) No. 9342 Of 2019
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Judgment

10 paragraphs · 438 words
1.

Heard.

2.

The grievance of the petitioners is that the petitioners were successfully participated in the appointment for the post of Shiksha Karmi Grade-III in the year 2011, they appeared in the counseling, however, barring the petitioners the appointment letter for the other prospective candidates were issued. Against such non issuance of the appointment order, the petitioners filed a writ petition bearing WPS No.2186 of 2011 wherein this Court on 31.08.2015 has passed the following the order:-

"10.In the result:-

• The writ petition on behalf of Petitioner No.1 - Ku. Jyoti Kerketta has been rendered infructuous and it is accordingly dismissed as having become infructuous.

• The writ petition on behalf of Petitioner Nos.2 to 6 namely, Rakesh Kumar Jogi, Ku. Anita Singh, Chitrakant Yadav, Satish Valare and Kand Kumar Kamalsen is allowed. The Janpad Panchayat shall issue posting orders in favour of these petitioners within a period of one month from today, subject however to fulfillment of all the eligibility conditions by them.

• The writ petition on behalf of Petitioner No.7 - Pankaj Bhange is dismissed as he has participated in the counseling after 6th February,2011."

The petitioners thereafter were issued appointment order on 06.10.2015 (Annexure P-1).

3.

It is the contention of the petitioners that though other similarly situated persons were appointed on 07.02.2011 and the petitioners though were selected, however, by the order of this Court when they were given appointment in the year 2015, their seniority is affected and it is stated that because of the fault of the CEO, the petitioners were not given seniority and therefore, they are entitled for the back wages as also the seniority. Learned counsel for the petitioners would submit that the petitioners have filed representation, which may be directed to be decided by a speaking order.

4.

Perusal of the order passed by this Court in WPS No.2186 of 2011 on 31.08.2015 would show that this Court has directed for issuance of the posting order in favour of the petitioners, thereby it was assumed that the petitioners were appointed in the year 2011 and only the direction for issuance of posting orders was issued. Taking into such fact since at present the limited prayer is made for deciding the representation, reserving liberty to raise all the grounds in future, if need be, as of now it is directed that the representation of the petitioners (Annexure P-4) shall be decided by a speaking order by the CEO, Janpad Panchayat, Belha within a period of 45 days from the date of receipt of this order.

5.

With the aforesaid observation, the writ petition stands disposed of.