KALIKA PRASHAD Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition is filed being aggrieved of the order dtd. 11/3/2013 passed by the Additional Commissioner, Jabalpur Division, Jabalpur in Revision Case No.169/A-89/09-10 so also the order passed by the Sub Divisional Officer, Vijayraghavgarh/Barhi, district - Katni in Revenue Case No.6-A - 89 - A -15- 2006-07 dtd. 30/4/2008, Annexure P-2 and the order passed by the Additional Collector, Katni on 11/1/2010.

(2.) Brief facts, leading to the present case, are that an advertisement was issued by the Secretary of Gram Panchayat, Padkhuri on 6/8/2007 signed on 7/8/2007 inviting applications for appointment on the posts of Panchayat Karmi. Petitioner's contention is that selections were to be made on the basis of the merit and not on the basis of a majority resolution in terms of the circular dtd. 13/8/2007 (Annexure P-4) and, therefore, the appointment of private respondent No.5 on the basis of a majority resolution, as is available in the original record which was initially undated and later on a date is put as 27/8/2007, will not supersede circular dtd. 13/8/2007.

(3.) It is submitted that stipulations contained in the circular issued by the State Government of Madhya Pradesh, Panchayat and Rural Development Department, Mantralaya Bhopal vide No/P.C./Panch - 4/2582 dtd. 13/8/2007 addressed to all Collectors in regard to filling the posts of Panchayat Karmi, clearly provides that appointments are to be made in accordance with the merit and it is further provided that appointments which were already made, will not be affected by the said circular. Thus, it is submitted that appointment of private respondent No.5 as Panchayat Karmi is illegal and arbitrary.