SUNIL KUMAR GOLHANI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioner seeks a direction to the respondent No. 2, Municipal Corporation, Raipur, to issue letter of appointment in favour of the petitioner on the post of Ayurvedic Chikitshak Adhikari and further prays for cancellation of the appointment order passed in respect of the respondent No. 3. The facts, in nutshell, as projected by the petitioner, are that in the year 1991 the Municipal Corporation, Raipur, (for short "the Corporation") invited applications from the eligible candidates for the post of Ayurvedic Chikitshak Adhikari. The petitioner along with other candidates applied for the said post and appeared in the interview. In the interview, the petitioner succeeded and accordingly, his name found place at serial No. 2 in the order dated 17-11-1994 (Annexure P/1) whereas the name of the respondent No. 3 found place at serial No. 4.

(2.) According to the petitioner, all the persons have been absorbed in the services, except the petitioner for which the petitioner has made several representations before the respondent authorities, but no action has been taken. In the meantime, the respondent No. 3 was appointed as Ayurvedic Chikitshak Adhikari in spite of the fact that the name of the respondent No. 3 was below the name of the petitioner in the order dated 17-11-1994 (Annexure P/1).

(3.) Thereafter, the petitioner preferred a writ petition being W.P. No. 2822/1995 (Sunil Kumar Golhani v. State of M.P. and others) before the High Court of Madhya Pradesh. The High Court of Madhya Pradesh by order dated 30-8-1995 (Annexure P/3) stayed the appointment of the respondent No. 3 herein (respondent No. 5 therein). Subsequently, the said writ petition was disposed of by the Court on 11-3-1997 (Annexure P/4) with the following observations:-