Disposed

Bhagirathi Sahu v. State Of Chhattisgarh

Chhattisgarh HC19 Dec 2016WPS/6824/2016

Case brief

AI extract

What is this about?

Disposed of the writ petition regarding employment in accordance with a previous order (WP No. 7624/2006), permitting the petitioner to apply for the post of Teacher if an advertisement is issued.

What did the court decide?

The writ petition is disposed of in light of the observation and direction given in para 4 and 5 of the order dated 25-10-2016 passed in W.P. No. 7624/2006.

Bhagirathi Sahu Vs State Of Chhattisgarh — Service and Employment | Chhattisgarh HC (2016)

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NAFR

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HIGH COURT OF CHHATTISGARH, BILASPUR

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WPS No. 6824 of 2016

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Bhagirathi Sahu S/o Firangi Sahu, Aged About 41 Years R/o Village Pipadih, Post Amodi, Block Bilaigarh, District Baloda Bazar Bhatapara Chhattisgarh

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---- Petitioner

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Versus

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State Of Chhattisgarh Through Secretary School Education Department, Mantralaya, Mahanadi Bhawan, P.S. Rakhi, Tahsil Arang, Naya Raipur, District Raipur Chhattisgarh

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Secretary, Department Of Panchayat And Rural Development, Mantralaya P.S. Rakhi, Tahsil Aarang, Naya Raipur, District Raipur, Chhattisgarh

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Director, Public Instructions, Raipur, Chhattisgarh

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Chief Executive Officer, Zila Panchayat, Baloda Bazar, District Baloda Bazar - Bhatapara, Chhattisgarh

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---- Respondents

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For Petitioner : Mr. CJK Rao, Adv. For Respondents/State : Mr. Prasun Bhaduri, GA on advance copy.

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Hon'ble Shri Justice Chandra Bhushan Bajpai

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Order On Board

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19/12/2016

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Heard. Issue notice.

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Mr. Bhaduri accepts notice on behalf of respondents. Hence the petitioner is not required to pay separate PF for respondents.

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At the outset, learned counsel for the petitioner submits that instant petition may be disposed of in the light of order dated 2510-2016 passed in Writ Petition No. 7624/2006 in para 4 and 5 as the present matter is covered by that case.

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Learned counsel for the respondents agreed to the prayer and submits that the instant writ petition may be disposed of in the light of para 4 and 5 of the order dated 25-10-2016 passed in WP No. 7624/2006.

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On due consideration, instant WPS is disposed of under the observation and direction given in para 4 and 5 of the order dated 25-10-2016 passed in W.P. No. 7624/2006 which are reproduced

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below :

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“4. It is well settled law that absorption of a person not appointed in accordance with the rules would result in denial of equal opportunity in the matter of employment to other eligible candidates for public office (See Union of India and others -v- Kishan Gopal Vyas reported in (1996) 7 SCC 134).

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However, if the advertisement is issued for recruitment for the post of Teacher, the petitioners are at liberty to apply for the said post and to appear in accordance with law.”

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

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No order as to costs.

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Sd/(Chandra Bhushan Bajpai) Judge

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Pathak

Bhagirathi Sahu v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Bhagirathi Sahu v. State Of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

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