HC bench refuses to entertain petition

Source: The Hitavada      Date: 12 May 2017 11:33:34


Legal Correspondent,

Challenging the appointment order issued in favour of respondent Yashwant Singh Lodhi as Gram Rozgar Sahayak, the single bench of the Madhya Pradesh High Court comprising of Justice, Sujoy Paul has said that the validity of recruitment process and relevant and related facets can be gone into by the appellate authority while examining the validity of appointment order. Since there exists a remedy of appeal under the relevant Yojana, it is not inclined to entertain this petition. Petition is disposed of by reserving liberty to the petitioner to file appeal before the competent appellate authority within 15 days.


In that event, the said appeal shall not be dismissed on the ground of delay. It is expected that the appellate authority will consider and decide the said appeal expeditiously, preferably within two months. Petition is disposed of with aforesaid observation and liberty.


The single bench has heard the petition filed by Mahendra Singh from Village Badkuwa, District Sagar against the Secretary, Panchayat And Rural Department, Bhopal, Collector, Sagar, Chief Executive Officer, Zila Panchayat Sagar, Chief Executive Officer, Janpad Panchayat, Sagar and Yashwant Singh Lodhi. During the course of arguments, counsel for the petitioner fairly submitted that the appointment order has already been issued in favour of respondent Yashwant Singh Lodhi as Gram Rozgar Sahayak.

He submits that selection proceedings were vitiated as the life of select list of the year 2012 stood expired and in that event, the appointment order could not have been issued in favour of respondent Yashwant Singh Lodhi. He submitted that the appellate authority under the Gram Rozgar Sahayak Yojana, is not competent to deal with this aspect. The other side has opposed the said contention. The single bench, in its order, said that the validity of recruitment process and relevant and related facets can be gone into by the appellate authority while examining the validity of appointment order. Since there exists a remedy of appeal under the relevant Yojana, it is not inclined to entertain this petition. Petition is disposed of by reserving liberty to the petitioner to file appeal before the competent appellate authority within 15 days. In that event, the said appeal shall not be dismissed on the ground of delay.