LAWS(MPH)-2002-4-46

ASHOK KUMAR TRIPATHI Vs. JANPAD PANCHAYAT

Decided On April 22, 2002
ASHOK KUMAR TRIPATHI Appellant
V/S
JANPAD PANCHAYAT Respondents

JUDGEMENT

(1.) THE petitioner was appointed as Shiksha Karmi by the respondent, Janapad Panchayat, Lahar with effect from 30-4-1997 vide order Annexure P-2, dated 2-1-1997 and was posted at Prathmik Vidhyalaya, Tola, Pargana Lahar, District Bhind. Subsequently, he was again appointed from time to time for various periods. Finally, after the Madhya Pradesh Shiksha Karmi (Bharti Tatha Seva Sharteon) Niyam, 1997 (hereinafter referred to as the Rules of 1997) were framed. The petitioner was appointed as a Shiksha Karmi, Grade-III in the scale of Rs. 800-1200 vide order dated 13-7-1998 (Annexure P-4 ). The petitioner's contention is that with effect from 13-7-1998 he has been regularly appointed as a Shiksha Karmi, Grade-III as per the Rules of 1997.

(2.) WHILE the petitioner was discharging the duties as a Shiksha Karmi in Tola, he had an excellent record of service and there was nothing adverse against him. Certificates of appreciation issued by the authorities with regard to the service of the petitioner have been filed as Annexures P-5 and P-6 respectively. These certificates indicate that the petitioner's service was good and there was nothing adverse against him.

(3.) IT is averred by the petitioner that the respondent No. 1, Janpad Panchayat had certain grudge against his uncle one Shri Satya Narayana Tripathi, he had some dispute with the C. E. O. , some criminal complaint and proceedings were initiated between them in various Courts. It is stated by the petitioner that because of this, respondents were biased against the petitioner and passed, order Annexure P-1 on 6-84999 wherein his services were terminated without disclosing any reason and without giving any opportunity of hearing. The petitioner preferred an appeal against the impugned order before the Collector, District Bhind and the Collector vide the order dated 13-8-1999 (Annexure P-7) without considering the same and disclosing any reason has rejected the appeal.