SHYAM KUNWAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) WA No. 395/2023 and WA No. 397/2023 arises out of judgment dtd. 27/6/2023 passed by the learned Single Judge in WPS No. 2485/2015 and other connected matters. Since both these appeals arise out of a common order, they are being considered and disposed of by this common judgment.

(2.) The facts, in brief, as projected by the appellants in both the appeals are that are that an advertisement dtd. 10/3/2015 was issued by Chief Executive Officer, (for short, the CEO) Zila Panchayat Korea, inviting applications for appointment on the post of Panchayat Secretary in Zila Panchayat Korea, District Korea. The appellants participated in the said proceedings and they were selected on the post of Panchayat Secretary. The appellants were appointed on 22/6/2015. They were earlier appointed as Rojgar Sahayak and after their selection as a Panchayat Secretary, they resigned from the post of Rojgar Sahayak and had joined on the post of Panchayat Secretary on 6/7/2015, 3/7/2015 and 3/7/2015. All the appellants were working on the post of Rojgar Sahayak for the last more than 8 years. The appellants are holding the requisite qualifications for appointment on the post of Rojgar Sahayak, as per the advertisement issued on 10/3/2015.

(3.) On 10/3/2015, the advertisement was issued by the CEO, Zila Panchayat, Korea, inviting applications for appointment on the post of Gram Panchayat Sachiv/Secretary. The advertisement was issued for filling up 47 posts of Gram Panchayat Sachiv. 11 Posts were reserved for unreserved category, 3 posts were reserved for Schedule Tribe, 26 posts were reserved for Schedule Caste and 7 posts were reserved for other backward class. The appellant No.1 belongs to schedule caste, appellant No.2 belongs to OBC category and appellant No. 3 belongs to the Scheduled Tribe categorry, whereas the writ petitioner was the candidate of unreserved category. The mode of selection was based upon the merit list. Clause No. 7 of the advertisement deals with the award of marks which is as under: