Partly allowed

Chhabilal Keshariya v. State of Chhattisgarh and Ors.

Chhattisgarh HC2 Sept 2011WPS/5094/2011

Case brief

AI extract

What is this about?

Petitioner, an alternate candidate for Shiksha Karmi post, was permitted to withdraw his writ petition with liberty to file an appeal under Rule 13, the appellate authority to decide it ignoring limitation barring.

What did the court decide?

Petitioner permitted to withdraw petition with liberty to file appeal; appellate authority to decide appeal ignoring limitation.

Chhabilal Keshariya Vs State of… — Pension and Retirement Benefits | Chhattisgarh HC (2011)

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CAP w?”

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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR w.P.(5)No. 699W /2o11

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/ PETITIONER CHEABILAL KE$HARIVA w.“ (Am‘hro-disabled—handicapped) s/o Shri Sherwan Kumar‘ Keshar'ia, aged abou‘r 45 Ar’rhro— /". years, \I\ A‘L disabled-handicapped S \¢ candida’re for Shiksha Karmi dass— ’fa’ \Wiw“ v r{§."‘.¢u $0 15*, r'/o C/o SaeiTr'i Bande, Pos‘r & Q . $ «W village Churel, Tahasii and Dis’r'r. ,.<$\ 0/ Durg [C.G.] $2? $5 g; VERSES (”m RESPONDENTS: 1. S’rm‘e of Chhm‘fisgarh,

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(”m S’rm‘e of Chhm‘fisgarh,

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Through:^—

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e<br>

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The Secrefary, Panchaym‘ & Socia! Weh‘are Department D.K.S. Bhawan, Raipur [CGJ

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Wéollec‘ror’, 2. Dis’rr'icf Durg [C.G.], 3.(~ v Chef ExecuTive Officer , Jila Panchaym‘ Durg, burg W'Chha‘rfisgarh 4. Professionai

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Jila Panchaym‘ Durg, burg [6.6.] W'Chha‘rfisgarh Professionai

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Examina'i'ion Board, Raipur,

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Through : The Direcfor,

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Chha’rfisgarh Professiona!

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Examinafion Board, Madhyamik

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Shiksha Manda! Parisar, Pension Bada, Raipur (C.G.)

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WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA.

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HIGH COURT OF CHHATTISGARH^ATBILASPUR

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(Hon.^{Mr.JusticePritinkerDiwaker)}

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W.P.(S) No. 5094^of2011

Petitioner

Chhabilal Kesh'ariya

VERSUS

Respondents

State of Chhatti$garh^andothers

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Present:

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Shri Way Deshmukh, counsa!^forthe petitioner. Shri Y.S. Thakur, Dy.^{A.G.fortheState.}

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O R D E R

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(02.09.2011)

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Learned counsel for the petitioner submits that the petitioner^{hasaiternativeremedyoffilingappealunderRule13} . of the Chhattisgarh Panchayat^ShikshaKarmi (Recruitment^and Conditions of Service) Ruies, 2007 and therefore, he may be permitted to withdraw this petition with liberty to file appeal before the competent authority. He further submits that the appellate authority be directed to decide the appeal of the petitioner^ignoringthe point^{oflimitation.}

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Learned counsel for the State submits that he has no objection if the petitioner^{withdrawsthis} petition and files any appeal before the competent^authority. He further submits^that the petitioner^wouldbeat liberty to file appropriate application before the appellate^{authorityforcondonationofdelayandthe} said application'would be^{decidedinaccordancewithlaw.}

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The petitioner is permitted^{towithdrawthis} petition^withthe aforesaid liberty.

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ln the eventuality of filing any appeal by the petitioner within three weeks from^{thedateofreceiptofcopyofthisorder,} the appellate authority shall^{decidethesameinaccordancewith} law ignoring the point^{oflimitation.}

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It is made ciear that this Court has not expressed any opinion on merits of the case and ihe authority concerned would be at iiberty to decide the same strictiy in accordance with iaw.

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W-w

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Sd/-

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Pritinker^Diwaker Judge

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Chhabilal Keshariya v. State of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

Chhabilal Keshariya v. State of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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