RINA BAI Vs. STATE OF CHHATTISGARH AND ORS.

JUDGEMENT

(1.) This writ petition raises a question as to whether a Kotwar appointed under Sec. 230 of the Chhattisgarh Land Revenue Code, 1959 (for short 'the Code, 1959') holds a civil post or not. The issue has arisen for consideration while dealing with the appointment of respondent No. 6 as Anganbadi worker of Gram Panchayat, Taksiwan, Block Berla, district Durg.

(2.) In course of recruitment of Anganwadi worker of the above said Gram Panchayat, the competent authority considered the candidature of the petitioner and respondent No. 6 and eventually the petitioner was appointed by order dated 30 -12 -2006. Challenging the said appointment, respondent No. 6 preferred a writ petition being WP (S) 1248/2007, which was disposed of on 2 -3 -2007 directing the Collector Durg to consider the grievances raised by the said respondent. The Collector, Durg rejected the representation filed by respondent No. 6, against which she moved a revision application before the Director, Panchayat, which stands allowed by the impugned order dated 20 -5 -2008.

(3.) The Director Panchayat has allowed the revision application of respondent No. 6 on the ground that in the case of Ghanesar v/s. State of M.P. {1978 RN 408 (DB)} it has been held that a village Kotwar though a public servant is not a civil servant, therefore, even if father -in -law of respondent No. 6 was a Kotwar on the relevant date, she was not disqualified to be considered for appointment as Anganwadi worker.