1 2025:CGHC:17939 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3490 of 2017 1 - Sanjeev Kumar Shandilya S/o Shadev Ram Shandilya, Aged About 45 Years R/o Village Chiraigodi, Post Office B-Jamgaon, Police Station, Tahsil And District Balod, Chhattisgarh, Chhattisgarh. ... Petitioner versus 1 - State Of Chhattisgarh Through Its Secretary Department Of Tribal And Adiwasi Vikas Vibhag Mahanadi Bhawan New Raipur, District Raipur, Chhattisgarh, Chhattisgarh 2 - The Director, Tribal Development Department Indrawati Bhawan, New Raipur, District Raiupr, Chhattisgarh, District : Raipur, Chhattisgarh 3 - The Assistant Commissioner, Tribal Development Department Durg, District Durg, Chhattisgarh, District : Durg, Chhattisgarh 4 - The Collector, District Balod, Chhattisgarh. 5 - The Chief Executive Officer, Janpad Panchayat Daundi, District Balod, Chhattisgarh, District : Balod, Chhattisgarh 6 - The Principal, Government Modal Higher Secondary School Daundi District Balod, Chhattisgarh, District : Balod, Chhattisgarh. ---- Respondents For Petitioner : Shri Ravi Maheshwari, Advocate. For State : Shri Topilal Bareth, P.L. Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board SMT NIRMALA RAO -2- 21.04.2025 1. The petitioner has filed this petition seeking the following reliefs:- “10.1 The Hon'ble Court may kindly be pleased to issue a writ/writs or order / orders to direct the Respondents authority to reinstate on on the said post / or any other equivalent post which may better. 10.2 Any other relief may also be granted to the petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 2. Learned counsel for the petitioner would submit that according to the set-up sanctioned by the erstwhile State of Madhya Pradesh, there was a post of Tabla Teacher in the School Education Department. He would contend that the petitioner was appointed as a daily-rated employee on the said post at Government Model Higher Secondary School, Daundi. He would contend that a resolution was passed by the Janpad Panchayat in favour of the petitioner, but the services of the petitioner were discontinued by the respondent authorities without assigning any reason and without the issuance of notice. He would further submit that the petitioner worked there from 1998 till 2013. He would also contend that the petitioner made various representations before the respondent authorities seeking regularization of his services, but no steps were taken. He would argue that a representation was made to the Commissioner, Scheduled Tribes, Scheduled Castes and Other Backwards Class Welfare Development, Raipur and it 3 was forwarded to the Principal of the Higher Secondary School. He would further argue that in turn, the Principal stated that according to the new sanctioned set-up, there was no post of Tabla Teacher in the institution. He would also argue that as per the new setup sanctioned by the State of Chhattisgarh, the services of the petitioner were discontinued, therefore, a direction may be issued to the respondent authorities to consider the claim of the petitioner for reinstatement and regularization. 3. On the other hand, learned counsel for the State would oppose the submissions made by counsel for the petitioner. He would submit that the petitioner has not placed the order of appointment in this petition. He would further submit that the petitioner was a daily- rated employee. He would also submit that although a resolution was passed by the Janpad Panchayat but no specific order was issued for appointment. He would further contend that there was no sanctioned and vacant post of Tabla Teacher, therefore, the representation of the petitioner was not considered by the competent authorities. He would contend that the petition deserves to be dismissed. 4. Heard counsel appearing for the parties and perused the documents present on the record. 5. A perusal of the documents would show that the petitioner was appointed as a daily-rated employee to the post of Tabla Teacher -4- at Government Model Higher Secondary School, Daundi. According to the pleadings, the petitioner worked there till 2013. The order/note-sheet of the Principal of the Higher Secondary School dated 31.7.2012 would show that according to the new set- up, the post of the Tabla Teacher was not available, therefore, the claim of the petitioner was not considered. 6. The resolution passed by the Janpad Panchayat dated 26.8.1998 (Annexure-P/2) would show that the name of the petitioner was recommended for appointment to the post of Tabla Teacher but the petitioner failed to place on record any specific order with regard to the appointment. It is a well settled principle of law that a resolution, by itself, cannot be executed without a formal order. 7. Taking into consideration the fact that the petitioner approached this Court in the year 2017, whereas his services were discontinued in 2013 and in para 7, it is stated that there is no delay in filing the instant petition; and at present, the petitioner is aged about 53 years, in the opinion of this Court, no case is made out for interference. 8. Consequently, this petition fails and is hereby dismissed. No cost(s). Sd/- (Rakesh Mohan Pandey) Judge Nimmi