OMPRAKASH SINGH MARAVI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this petition is to the appointment order dated 05.11.2007 (Annexure - P/2), issued by the respondent authorities, in favour of the respondent No.3 on the post of Sub Engineer (Civil) and to initiate fresh recruitment process in accordance with the advertisement.

(2.) Learned counsel appearing for the petitioner submits that on 08.06.2005 (Annexure - P/1) the respondent authorities issued an advertisement for selection on the post of Sub Engineer. Pursuant to the said advertisement, the petitioner, respondent No.3 and several other candidates applied for the said post. According to the said advertisement, who were working in Government/Semi-Government Institutions, may apply only after obtaining no objection certificate from the concerned authority. Subsequently, after completing the selection process, the respondent No.3 was appointed on the post of Sub Engineer (Civil) by order dated 05.11.2007 (Annexure - P/2).

(3.) According to the learned counsel appearing for the petitioner, in fact, before making an application, pursuant to the advertisement dated 08.06.2005 (Annexure - P/1), the respondent No.3 was working as Assistant Engineer under the Pradhan Mantri Gramin Sadak Yojna (for short "the PMGSY") and without obtaining the no objection certificate, he applied for the post and got appointment. After receipt of the appointment order dated 05.11.2007 (Annexure - P/2), the respondent No.3 obtained no objection certificate on 28.11.2007 (Annexure - P/3) from the PMGSY and executed affidavit on 29.11.2007 (Annexure - P/4). Later on, he submitted the same before the respondent department. The respondent joined on the post of Sub Engineer on 03.12.2007, as is evident from the communication dated 14.12.2007 (Annexure - P/5). Even the respondent No.3 tendered his resignation in the department of the PMGSY on 27.11.2007, which was accepted by the Department of Panchayat and Rural Development on 12.02.2008 (Annexure - P/6).