(1.) BY this petition, the Petitioners seek a writ of mandamus, directing the Respondent No. 4 to implement the resolution No. 8 dated 22nd April, 1999 (Annexure P/6) passed by the General Administration Standing Committee (for short 'the Committee') of the District Panchayat, Durg, and to grant two promotional opportunities to the Petitioners, who are the Angan Badi workers.
(2.) THE facts, in nutshell, are that the Petitioner No. 1, 4, 5, 6 and 7 were appointed as Angan Badi Workers by the Project Officer, Integrated Child Development Project, Daundi, District Durg, vide order dated 31st July, 1984 (Annexure P/1) and the Petitioner No. 8, 9 and 10 were appointed by the Project Officer, Integrated Child Development Project, Saja, District Durg, vide order dated 2nd November, 1983 (Annexure P/2). Similarly, the Petitioner No. 2, 3 and 11 were also appointed on the post of Angan Badi Worker. THE Additional Director, Directorate, Women and Child Welfare, Madhya Pradesh, Bhopal, instructed the Chief Executive Officer, District Panchayat Durg, vide communication dated 30th June, 1998 (Annexure P/3) that the reservation in case of appointment of the Supervisors from Angan Badi Workers should be done at Division level. Presently, 50% of the vacant seats in the District should be done in accordance with the reservation roster. A seniority list (Annexure P/4) of all the Angan Badi Workers under the District Panchayat, Durg, was prepared and published. THEreafter, note-sheet No. 33 (Annexure P/5) was drawn wherein the name of the Petitioners find place who were proposed to be promoted on the post of Supervisors. A meeting of the Committee of District Panchayat, Durg was held on 22nd April, 1999 (Annexure P/6). In the resolution No. 8 of the agenda, it was resolved to promote 12 Angan Badi Workers listed in the note-sheet (Annexure P/5) on the post of Supervisors. All the Petitioners, i.e. Petitioner No. 1 to 11 found place at serial No. 10, 5, 6, 7, 8, 11, 9, 2, 3, 4 and 1 respectively.
(3.) SHRI Alok Bakshi, learned Government Advocate appearing for the State/Respondents 1,2,5 and 6 would submit that the post of Supervisors in District Panchayats have been declared as dying cadre on 13th May, 1999 (Annexure R/1) before creation of the present State of Chhattisgarh and as such, no appointment could be made thereafter. Even otherwise, the Petitioners have no legal right to be appointed on the post and the recommendation made by the Committee is advisory in nature and is not binding upon the appointing authority.