ROHIT Vs. STATE OF M P

JUDGEMENT

(1.) By filing this intra court appeal under Section 2 (1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, the appellant / writ petitioner of Writ Petition No.4393/2011 has challenged the common order dated 05.12.2012 passed in Writ Petition No.4393/2011 and in Writ Petition No.2314/2011.

(2.) Briefly stated, in pursuance to the advertisement dated 14.06.2008 issued by Gram Panchayat, Sajwani inviting applications for appointment on the post of Panchayat Karmi, the appellant submitted his application. In the merit list of the candidates prepared by the Gram Panchayat the appellant's name was at Serial No.1. However, no order of appointment was issued in favour of the appellant and the Chief Executive Officer, Janpad Panchayat, Barwani, on behalf of Gram Panchayat, Sajwani, issued a fresh advertisement on 01.01.2009 inviting applications for appointment on the said post. The appellant again applied for the said post. Again his name was at Serial No.1 in the merit list of the candidates. This time also, no appointment order was issued and instead the post was re-advertised vide advertisement dated 03.06.2009.

(3.) In pursuance to this third advertisement dated 03/06/2009 the appellant again submitted his application for being appointed on the said post of Panchayat Karmi. In this process of appointment, the 5th respondent stood first in the merit list and as such an order of appointment dated 27.06.2009 was issued in favour of 5th respondent, appointing him as Panchayat Karmi. Thereafter, he was conferred with the powers of Secretary under Section 69 (1) of the MP Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 vide orders dated 18.08.2009 issued by the Chief Executive Officer on approval of the Collector.