RAM BAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE petitioner, by this petition, challenges the order dated 25/9/2006 (Annexure P/9), whereby, the respondent No. 5 has been appointed as Anganbadi Karyakarta at Anganbadi center, harijanpara, by the respondent No. 4. Challenge to the appointment of the respondent No. 5 on the post of anganbadi Karyakarta, is on two grounds. Firstly, that it was not in accordance with circular dated 12. 01. 2006 (Annexure P/1) and secondly, the appointment of the respondent No. 5 on the post of Anganbadi Karyakarta is violative of Article 14, 16 and 21 of the Constitution of india.

(2.) THIS Court, in the matter of Smt. Kaleshwari Vs. State of Chhattisgarh and others (W. P. (S) No. 796/07), and other connected matters, decided on 09. 02. 2007, held that the anganbadi workers are admittedly employees of the Panchayats, as their appointments are made by the Janpad Panchayats on proposal made by the concerned Gram Panchayats. It was further observed that the petitioners have statutory alternative remedy available by way of statutory appeal under rule 3 of the Madhya Pradesh/chhattisgarh Panchayats (Appeal and Revision) Rules, 1995 (for short 'the Rules, 1995) to the director of Panchayat, Government of Chhattisgarh. The petitioners, without exercising of that alternative remedy of statutory appeal, have approached this Court directly.

(3.) IN the present case also adequate efficacious statutory alternative remedy is accordingly available to the petitioner under the provisions of Rule 3 of the Rules, 1995 read with section 91 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short ' the Adhiniyam, 1993 ).