Dismissed

Sarita Kesharwani v. State of Chhattisgarh

Chhattisgarh HC27 Jul 2023WA/57/2023

Case brief

AI extract

What is this about?

In this appeal, the Bench of Chief Justice Ramesh Sinha and Judge Rajani Dubey dismissed the writ appeal. The appeal challenged a Single Judge's order dismissing a petition seeking review of the petitioner's appointment as a Librarian when a related writ petition was pending with an interim stay.

What did the court decide?

The appeal was dismissed; the impugned order dated 12.01.2023 passed by the learned Single Judge stands confirmed.

Sarita Kesharwani Vs State of Chhattisgarh — Service and Employment | Chhattisgarh HC (2023)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR WA No. 57 of 2023

¶4

Sarita Kesharwani W/o Prakash Kumar Kesharwani Aged About 38 Years R/o Ward No. 12, Kachahri Marg, Kawardha, Police Station Kawardha, District Kawardha Chhattisgarh

¶5

---- Appellant

¶6

Versus

¶7

State Of Chhattisgarh Through Secretary, School Education Department, Mantralaya, Mahanadi Bhawan, Nawa Raipur Atal Nagar, District Raipur Chhattisgarh

¶8

Collector Kawardha, District Kabirdham Chhattisgarh

¶9

District Education Officer Kawardha District Kabirdham Chhattisgarh

¶10

Secretary Vidyalay (Correct Name Is Swami Atmanand Government English School) Sanchalan Samiti, Swami Atmanand English Medium School, Kawardha District Kabirdham Chhattisgarh

¶11

Principal Swami Atmanand English Medium School, Kawardha, District Kabirdham Chhattisgarh

¶12

Priyanka Tiwari D/o Surendra Kumar Tiwari Aged About 38 Years R/o 37/d, Behind Jain Mandir, Vidyut Nagar, Durg District Durg Chhattisgarh

¶13

--- Respondents

¶14

(Cause title taken from Case Information System)

¶15

For Appellant : Mr. Dharmesh Shrivastava, Advocate For State : Mr. H.S. Ahluwalia, Dy. A.G.

¶16

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Smt. Rajani Dubey, Judge Order on Board

¶17

Per Ramesh Sinha, Chief Justice

¶18

¶19

27.07.2023

¶20

Heard Mr. Dharmesh Shrivastava, learned counsel for the appellant and Mr. H.S. Ahluwalia, learned Dy. A.G. for the State.

¶21

The present appeal has been filed by the appellant being aggrieved by the impugned order dated 12.01.2023 passed by the learned Single Judge in WPS No. 182/2023.

¶22

Learned counsel for the appellant submits that the impugned order dated 12.01.2023 passed by learned Single Judge is not according to law as the appellant has fulfilled all the conditions and she is well qualified and secured highest marks against the post of Librarian and therefore, she was appointed.

¶23

Learned counsel for respondents submits that one petition is also pending on similar matter before learned Single Judge and petitioner is also a party in that petition.

¶24

Vide impugned order dated 12.01.2023 passed in WPS No.182 of 2023, learned Single Judge has observed in paras 3 & 6 as under:-

¶25

“3. Learned State counsel submits that from perusal of impugned order (Annexure P-1) would reflect that order is passed pursuant to the order dated 28.06.2022 in W.P.(S) No. 4378 of 2022 wherein the entire recruitment proceeding was stayed. Appointment of petitioner in view of the pleadings made in the writ petition is after the stay order passed in writ petition by the High Court, therefore, the impugned order Annexure P-1 came to be passed. There is no illegality in the order passed, hence, it does not call for any interference.

¶26

When the Court put specific query with regard to status of that petition, learned counsel for petitioner fairly submits that petitioner is also arrayed as respondent therein and the writ petition is still pending and interim order passed is in force.”

¶27

Considering the above facts, learned Single Judge dismissed the

¶28

¶29

aforesaid petition filed by the petitioner/appellant herein.

¶30

Looking to the facts and circumstances of the case and paras 3 and 6 of the impugned order, we are not inclined to interfere in the order passed by learned Single Judge which is based on proper appreciation of the facts and circumstances of the case. Therefore, this appeal deserves to

¶31

be and is hereby dismissed .

¶32

Sd/Sd/-

¶33

(Rajani Dubey) (Ramesh Sinha) Judge Chief Justice

¶34

Ruchi

Sarita Kesharwani v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

Sarita Kesharwani v. State of Chhattisgarh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Suchitra Kumar Sonwani Vs State of Chhattisgarh

Manoj Agrawal Vs Rajiv Choubey

Reeta Bai Kanwar Vs General Manager of Acb

Noor Begum @ Baby Vs State of Chhattisgarh

Amar Sai, Vs State of Chhattisgarh

Nand Kumari Adil Vs Union of India