Reena Yadav vs State Of U.P. & Others
2011 Latest Caselaw 6462 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 

 
Case :- WRIT - A No. - 71665 of 2011
 

 
Petitioner :- Reena Yadav
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- M.C. Yadav
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble V.K. Shukla,J.

Learned standing counsel has accepted notice on behalf of respondents 1 to 4.  Issue notice to respondent No.5 

Each one of the respondents is accorded six weeks' time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks.

List thereafter.

It has been contended on behalf of the petitioner that in the present case totally incorrect statement of fact has been recorded in the impugned order that the petitioner had tendered her resignation, whereas fact of the matter is that she has not even been appointed as such question of tendering resignation by her does not arise. Once her claim had been accepted that she is from BPL category, then she had precedence to be appointed, and in this direction, the direction issued for fresh denovo selection is bad.

Prima facie the argument advanced on behalf of the petitioner appears to have some substance and requires consideration by this Court. Consequently, till the next date of listing further proceedings in pursuance of the imugned order dated 29.11.2011 shall be kept in abeyance.

Order Date :- 13.12.2011

SRY