JUDGEMENT
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(1.) Leave granted.
(2.) This appeal has been preferred against the judgment and order
dated 5.11.2008, passed by the High Court of Madhya Pradesh (Indore
Bench) in Writ Appeal No.86 of 2007, by which it has affirmed the
judgment and order of the learned Single Judge dated 17.7.2006, passed
in Writ Petition No.1007 of 2006, by which the learned Single Judge
quashed the advertisement dated 16.5.2005, inviting the applications
for appointment on the post of Project Director.
(3.) Facts and circumstances giving rise to this appeal are:-
A. That the Central Government introduced a scheme for elimination
of child labour with respect to which, the Director General of
Employment and Training wrote a letter dated 15.7.1995, to the
Collector, Khargone (West Nimar) to implement the aforesaid Scheme.
In order to give effect, i.e., to implement the said Scheme, a
society, namely, the Child Labour Elimination & Rehabilitation Society
(hereinafter referred to as the, "Society"), was formed on 12.4.1996
and the Collector became the ex-officio Chairman of the said Society.
It appears that in order to appoint the Project Director, certain
names requisitioned from the Employment Exchange, were considered and
respondent no.1 was selected and appointed temporarily, vide letter
dated 8.11.1996 on a fixed salary of Rs.4,000/- per month. Salary
of respondent no.1 was increased from Rs.4,000/- to Rs.8,000/- per
month vide Order dated 16.7.1999.
B. Respondent no.1 joined a post in the Panchayat & Rural
Development Department in Zila Panchayat, Indore in pursuance of the
order dated 29.7.2003, passed by the Government of Madhya Pradesh.
Her services in the Panchayat & Rural Development Department were not
required, and she was repatriated vide order dated 29.3.2004 to her
parent department. However, respondent no.1 was not permitted to join
the Society. The post of Project Director was advertised on
16.5.2005. Thus, respondent no.1 filed a writ petition on 26.5.2005,
challenging the advertisement dated 16.5.2005, claiming her right to
join the said post.
C. The appellants contested the writ petition on various grounds,
however, the writ petition was allowed by the learned Single Judge
vide order dated 17.7.2006. Aggrieved, the appellants filed a writ
appeal, which stood dismissed vide impugned judgment and order dated
5.11.2005. Hence, this appeal.
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