Laxmikant Vaishnav v. State Of Chhattisgarh And ORS.

IN THE HON'BLE HIGH COURT OF CHHA'I'I'I56ARH

AT BILAsPUR (c.G) W.P.

S NO.

4M4 OF 2013 /'

Laxmikam Vaishnav, aged about PETITIONER K9"

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VERSUS

RESPONDENTS :1.

STate of Chhaffisgar'h Through Secretary, Panchaya'r & Rural Developmenf Depar'rmem', Manfralaya, New Raipur (C.G.) 2.

Collector Korba DisT'r.

Korba (C.G.) 3.

Block Educm'ion officer, Janpad Panchaya'r Podi Upr'oda, Dis'rf.

Korba (C.G.) 4.

Chief Executive Officer, Janpand Panchaya'r Podi Uproda, Disff.

Korba (C.G.) (f4 WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUION OF INDIA L 1/x"

PARTICULARS OF THE PETITIONER As men'rioned in The cause Ti'He.

HIGH COURT OF CHHATTISGARH : BILASPUR W.P. (S! No.4414.of2013 PETITIONER Laxmikant Vaishnav

Versus

RESPONDENTS State of Chhattisgarh & others Single Bench : Hon'ble Shri Justice Prashant Kumar Mishra Present :- Shri B.L. Dembra, counsel for the petitioner. Shri Y.S. Thakur, Deputy Advocate General for the State. ORAL ORDER (Passed on this 1S'day of January, 2014) Heard learned counsel for the parties.

1.

Learned counsel for the petitioner would submit that by order dated 03.10.2013 (Annexure P-4), the petitioner has been appointed as Assistant Teacher (Panchayat) by C.E.O., Janpad Panchayat, Podi Uproda, District Korba, however, he was not allowed to join on account of promulgation of code of conduct for the recently held assembly elections.

He would submit that after the code of conduct ceased to operate the petitioner again submitted joining in the second week of December, however, yet again the concerned B.E.O. avoided to allow the petitioner to join on the said post without assigning any reason. 2.

Learned State counsel would submit that from the papers annexed with ~ the writ petition, it does not appear that after the cessation of code of conduct, the petitioner has submitted joining before the B.E.O., however, if he submits joining and the order of appointment is still intact, there is no reason as to why he will be refused joining. 3.

Considering the entire facts situation of the case, the writ petition ,is disposed of with a direction that in the event, the petitioner submits joining before the concerned B.E.O.

within a period of 10 days from today, the said authority shall allow him to join on the post of Assistant Teacher (Panchayat).

However, if for'any valid reason the petitioner cannot be allowed to join, the B.E.O. shall pass express and reasoned order in this regard.

MA"

Sd//- r , Prashant Kumar Mil/shite '

Judge