HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 61926 of 2011 Petitioner :- Reeta Devi Respondent :- The State Of U.P. And Others Petitioner Counsel :- Purushottam Upadhyay Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
The petitioner is challenging the appointment on the post of Mini Aaganwadi Karyakatri of Smt. Sunita Devi on the ground that she is divorcee lady and her income is below the poverty line inasmuch as she is also disabled. The claim of the petitioner has been rejected by the District Magistrate on the ground that the income of the father of the petitioner is more than Rs.20,000/- and no order of the Court of divorce has been produced. Only document on stamp paper of Rs.20/- of consented divorce has been produced. So far as the claim on the ground of disability is concerned, the District Magistrate has held that under the disabled quota the appointment has been given to one Smt. Guhhiya Yadav.
Learned counsel for the petitioner submitted that the divorce on stamp paper of Rs.10/- is acceptable under the prevailing custom. He further submitted that even if her claim of divorce is rejected, the income of the father cannot be considered then the income of the husband can only be relevant consideration not of father.
Learned Standing Counsel may file counter affidavit within three weeks. Rejoinder affidavit may be filed within one week thereafter.
List thereafter.
Order Date :- 31.10.2011 OP