LAWS(JHAR)-2021-12-43

GAURI SHANKAR CHOUBEY Vs. STATE OF JHARKHAND

Decided On December 21, 2021
Gauri Shankar Choubey Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) Heard the parties.

(2.) Petitioner has approached this Court for quashing the order dtd. 31/1/2018 and 3/7/2018 (Annexure-6 and 6/1 respectively), passed by the Deputy Commissioner, Gumla (respondent No. 5), by which he has cancelled the selection made by the Gram Sabha on 10/1/1997, wherein petitioner was appointed as Dalpati and further refused to pay the honorarium to the petitioner for the work discharged by him as Dalpati. Petitioner has also prayed for quashing the order dtd. 20/10/2018 (Annexure-8) issued by the Deputy Commissioner-cum- District Magistrate, Gumla by which he has refused to give arrears of honorarium to the petitioner and also refused to promote the petitioner as Panchayat Sachiv. Petitioner has further prayed for payment of honorarium from January, 1997 to April, 2004 and from April, 2015 till date, as he has been working as Dalpati against sanction post in Atakora Mahadev Chengari Panchayat since 10/1/1997 Petitioner has further prayed for his promotion to the post of Panchayat Sachiv, on the ground that other appointees of the year 1997 have already been promoted to the said post.

(3.) The facts of the case lies in a narrow compass. The petitioner was initially appointed to the post of Dalpati by the Gram Sabha in the meeting held on 10/1/1997 in Gram Panchayat Atakora. Thereafter, his period of work was extended on 24/5/2004 and the same was communicated by the Chairman, Gram Sabha to the Deputy Commissioner through Block Development Officer. In furtherance thereof the Block Development Officer forwarded the matter to the District Panchayat Raj officer vide letter No. 445 dtd. 10/7/2004 but no action has been taken. Thereafter, the petitioner preferred several representations before the concerned authorities and after a long gap on 3/3/2015, the Block Development Officer sent a reminder to the District Panchayati Raj Officer. Thereafter, on 10/3/2015 approval of appointment of the petitioner was refused by the District Panchayat Officer after lapse of 10 years of recommendation, though on 29/5/2015, similarly situated persons have been promoted to the post of Panchayat Sachiv.