SARITA BAI PATEL Vs. DRAUPATI BAI & ORS

JUDGEMENT

(1.) The present intra-court appeal is filed under Sec. 2(1) of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyay Peeth Ko Kapeal) Adhiniyam, 2005, challenging the order dated 30.11.2018 passed by the learned Single Judge in W.P. No. 7765/2013 (Draupati Bai Vs. State of M.P. & Ors.) whereby the writ petition filed by respondent no.1, Draupati Bai has been allowed. The impugned order dated 03.04.2013 passed by the State Minister, Department of Panchayat and Rural Development, has been set- aside and the respondents, especially the respondent no.3, has been directed to issue appropriate orders for appointing the writ petitioner as Panchayat Karmi (Sachiv) of Gram Panchayat Shikara, Janpad Panchayat Lakhnadaun, District Seoni. It has been further directed that such exercise be completed within a period of two months from the date of production of the certified copy of the order. It has been further held that the writ petitioner will be entitled to get salary and seniority from the date of appointment to the post of Panchayat Karmi. The learned Single Judge further directed that if the appointment is not made for any reason by the Collector, then the petitioner would be entitled to claim seniority and salary of the post from the date of expiry of the said period of two months.

(2.) The facts of the case, in short, are that the State Government vide Circulars dated 27.01.2006 and 13.08.2007 directed all the Collectors of the State of Madhya Pradesh to fill-up the post of Panchayat Karmies which are vacant in the Panchayats concerned. By circular dated 13.08.2007 it was made clear that while filling up the vacancies on the post of Panchayat Karmi the merit would be the prime consideration and that has to be followed at every level among the candidates applying for the post of Panchayat Karmi. In response to the said instructions, the respondent Gram Panchayat Shikara issued a notice on 05.08.2007 inviting applications for appointment on the post of Panchayat Karmi.

(3.) The writ petitioner, and others applied for the said post in pursuant to the said notice. Merit list was prepared by the Gram Panchayat Shikara in which the writ petitioner Dropati Bai was placed at Sl. no.1 in the merit list as she secured 63.38% marks in the 10+2 Examination. There were 11 applications submitted for appointment on the post of Panchayat Karmi. The candidature of the writ petitioner Dropati Bai was cancelled on the ground that she was a resident of other village. For one or other reasons, the other applications were rejected, except the application of one Sheetal Lodhi who was at Sl. no. 10.