LAXMI SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) LEARNED Counsel appearing for the petitioner submits that the petitioner was appointed as Angan Badi Worker on contract basis by the respondent No. 4 vide order dated 12th September, 2006 (Annexure P-l). The respondent No. 5, challenging the selection of the petitioner on the post of Angan Badi Worker, filed an appeal being Appeal No. 101/B-121/2005-2006 before the respondent No. 3. The said appeal was allowed vide order dated 16th March, 2007 (Annexure P-2). Being aggrieved by the said order, the petitioner has preferred this petition under Article 227 of the Constitution of India. The respondents have raised a preliminary objection at the time of notice that this petition is not maintainable as alternative statutory, expeditious remedy is available to the petitioner under the provisions of Panchayat Raj Adhiniyam, 1993 (for short 'the Act, 1993').

(2.) SHRI Sharma, learned Counsel appearing for the petitioner submits that since the appointment of the petitioner was not under any rules, the provisions of the Act, 1993 would not be applicable for the purpose of filing a statutory appeal. SHRI Sharma relies on provisions of Rule 2(c) of the Chhattisgarh Panchayat (Women and Child Development Service Recruitment) Rules, 1999 (for short, 'the Rules, 1999').

(3.) THIS very question came into consideration earlier before this Court in Smt. Ram Bai v. State of Chhattisgarh and Ors. 2008 (III) MPJR-CG14, wherein it was held that the appointment of Angan Badi Worker is under the provisions of Act, 1993 and as such, any order passed under the Act, 1993 is appealable under the provisions of Section 91 of the Act, 1993 read with Rule 3 of the Madhya Pradesh/Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995. The contention of the petitioner that the appointment order is not passed under the provisions of the Act, 1993 is noticed to be rejected as admittedly, the order was passed by the respondent No. 4 and the respondent No. 5 has availed the first appellate remedy by filing an appeal before the respondent No. 3. The order passed by the respondent No. 3, i.e., the Additional Collector is appealable before the Director, Panchayat.