Disposed

Smt. Anita Dewangan v. State of Chhattisgarh and Ors.

Chhattisgarh HC1 Aug 2014WPS/3218/2014

Case brief

AI extract

What is this about?

The Single Bench disposed of a writ petition filed by a teacher appointed in February 2014 who faced rejection due to the election code of conduct and short notice for joining. The Court directed the respondent Municipal Council to allow the petitioner to join and resume duties as per the appointment order.

What did the court decide?

Direction to the respondent Municipal Council to allow the petitioner to join the office and resume duties as per the appointment order dated 28-02-2014.

Smt. Anita Dewangan Vs State of Chhattisgarh and… — Service and Employment | Chhattisgarh HC (2014)

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INTHE HON'BLE HIGH EOURT OF CHHATTISGARH AT BILASPUR

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W.P. (Sl NO.S^t & QF 2014

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PETITIONER

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Smt. Amta Dewangan, W/o Mahesh Dewangan, Aged about 28 years, R70 Vill-Mehandi,P.O. Bundeta, P.S. and Tah. Pamgarh,

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Dist- Janjgir-Champa ' (C.J&.) VERSUS : ' ;".'-;, 1 . ; ~ : :1

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RESP0NDENTS

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I. State ofChhatti^garh

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Through- Secretary Local

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Administration Department,

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Mahanadi Bhawan,

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NewRaipur, Raipur(C.G.)

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Munieipal Coimcil, Janjgir-Naila, . Thrpugh- ChiefMunicipal QfEGer, ^ Janjgir-Naita, Tah. and P.S. Janjgir, Dist-Janjgir-Champa (C.G.)

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Arun Kumar Sharma, Aged about 50 Yers, ChiefMunicipal OfFicer, Janjgir-Naila,

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' T&h. and P.S. Janjgir, Dist- Janjgir-

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Champa (C.G.)

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Block Edueation Officer, NavagaFh a/- '!o-^'r

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Tah. andP.S. Janjgir, Dist- Janjgir-

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l ~ Champa (C.G.)

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WRIT PETITION UNDERARTICLE 226 OF THE

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CONSTmjTION OF INDIA

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C) P^RTICULARSOFTHE PITITIONERS:

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As detailed'-in the cause title.

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HIGH COURT OF CHHATTISGARH : BILASPUR

W.P.(S)No.3218of2014

PETIT10NER

Smt. Anita Dewangan

Versus

RESPONDENTS State of Chhattisgarh & others

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Single Bench : Hon'ble Shri Justice Prashant Kumar Mishra

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Present:Shri Ravindra Sharma, counsel for the petitioner. Shri Shashank Thakur, Government Advocate for the State.

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ORAL ORDER

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(Passed^{onthis1stdayofAugust,2014)}

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Heard learned counsel for the parties.

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With the consent of learned counsel for the parties, the matter is heard finally.

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The petitioner was appointed as Teacher (Nagriya Nikay) on 28-022014. The said appointment letterwas dispatched to him on 03-03-2014, which was received by the petitioner on 08-03-2014. The petitioner submitted her joining on 10-03-2014, however, she was denied joining on the groynd that because of the parliament elections, code of conduct has been enforced by the Election Commssion of India w.e.f. 04-032014.

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It has been argued that there was delay in discharge of appointment letter and moreover, only 5 days time was granted to the appointees for submitting joining.

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On 17-07-2014, Shri Arun Kumar;Sharma, CMO.'Janjgir-Naila appeared before this Court and informed that the petitioner was intimated about the imposition of code of conduct. However, he could not explain as to why, only 5 days time was allowed for submitting joining and as to why, the appointment letter, which was issued on 28-02-2014 was dispatched after 3 days i.e. On 03-03-2014. :

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In the facts and circumstances of the case, this Court deems it appropriate fo dispose of the writ petition with a direction to the respondent Municipal Council, Janjgir-Naila that in the event, the petitioner submits joining on the post of Teacher (Nagriya-Nikay)

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pursuant to the appointment order dated 28-02-2014 (Annexure P-1), the concerned CMO shall allow her to join the office and resume duties.

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Accordingly, the writ petition is disposed to the above extent. ^--

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Ashu

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Smt. Anita Dewangan v. State of Chhattisgarh and Ors.

Case brief

What is this about?

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Smt. Anita Dewangan v. State of Chhattisgarh and Ors.

Case brief

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