ASHOK KUMAR Vs. STATE

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and the learned Standing Counsel. By means of the present petition, the petitioner is challenging the resolution dated 26.10.2009, passed by the Gram Panchayat, Ibrahimpur, Tanda, Fatehpur and the order dated 18.4.2011, Annexure-4 to the writ petition, passed by the Block Development Officer, Devmai, Fatehpur as well as the order dated 27.7.2011, Annexure-7 to the writ petition, passed by the District Magistrate, Fatehpur.

(2.) It appears that one Sri Awdhesh Kumar, Panchayat Mitra, has submitted his resignation and on account of his resignation, the post had fallen vacant. To fill up the vacancy, the meeting of the Panchayat Executive was held on 26.10.2009 wherein it has been resolved that three applications of Sarvasri Kamal Kumar, Vimal Kumar and Jagbhan Singh were received for the post of Panchayat Mitra, which have been considered on merit and Jagbhan Singh has been selected for the post of Panchayat Mitra on merit. District Panchayat Raj Adhikari wrote a letter dated 14.10.2009 to Pariyojana Nideshak that after the resignation of Awdhesh Kumar, necessary steps is to be taken by you. Original application alongwith the Annexures were also sent on which direction has been issued to the Secretary, Gram Panchayat to send the resolution after selecting the Gram Rojgar Sewak within a week and in pursuance thereof the respondent No. 9 has been selected. The petitioner has not moved any application and, therefore, his name has not been considered by the Panchayat Executive. Thereafter, vide letter dated 18.4.2011, the Block Development Officer, Devmai, Fatehpur wrote to Jagbhan Singh to appear before the Gram Pradhan for his services and also produce copy of the contract.

(3.) The petitioner filed Writ Petition No. 28918 of 2011 on the ground that in the matter of selection and appointment of Panchayat Mitra, large scale of manipulation has been made. It was stated that at no point of time, the vacancy has ever been advertised by any mode and straightaway resolution has been passed wherein also the date has been changed and illegal selection has been made and given effect to by the letter dated 18.4.2011. The Court has disposed of the writ petition on 16.5.2011, giving liberty to the petitioner to file the representation before the District Magistrate raising the grievance.