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Madhya Pradesh High Court · body

2012 DIGILAW 645 (MP)

Bhagwati Sharma v. State of M. P.

2012-06-29

SANJAY YADAV

body2012
JUDGMENT : Sanjay Yadav , J.;- Heard. Reviewof order dated 19.4.2012 passed in W.P. No. 13937/2008 is being sought videthis petition. WritPetition at the instance of respondent No. 1 was directed against the orderdated 31.7.2008 passed by Additional Commissioner, Sagar Division, Sagar whereby revision by presentpetitioner (respondent No. 8 in writ petition) against the order dated 9.7.2007passed by Collector Panna was set aside and the orderdated 3.2.2006 passed by Sub Divisional Officer, Panna upholding the appointment of the present petitioner as part time Panchayat Karmi , Gram Panchayat Ranjourpura , District Panna was restored. Asapparent from the order under review, the entire case was examined on the basisthat the appointment of Panchayat Karmi was in pursuance to advertisement dated 19.5.2006, as was being pleaded by thepetitioner in the Writ Petition in paragraph 4.2 wherein the petitionerpleaded: “ That, as per the advertisement issued for appointment on the postof Panchayat Karmi (Secretary), Gram Panchayat Ranjourpura ,20 applications, including the application of the petitioner, were received. A copy of the said advertisement dated 19.5.2006 published by CEO, Janpad Panchayat Shah Nagar , Panna is filed herewith as Annexure P/1.” Whereasthe fact is that the appointment of the present petitioner was in pursuant tothe advertisement dated 13.5.2005 and the resolution dated 30.6.2005. This factis apparent from the order dated 3.2.2006 passed by the Sub Divisional Officer, Panna . Slight difference in fact makes a vastdifference in assessing the case. This has happened inthe present matter because of wrong mention of fact by the petitioner inparagraph 4.2 of the writ petition. Therebeing an error apparent on the face of record, the order dated 19.4.2012deserves to be and is hereby recalled. Thereview petition is allowed. Writ Petition No. 13937/2008 is restored. Let thesame be posted before appropriate Bench as per roster after notice torespective parties by S.P.C. Letthe copy of this order be placed on record of W.P. No. 13937/2008.