Km. Veena vs State Of U.P. Through Prin. Secy. ...
2012 Latest Caselaw 4604 ALL

Citation : 2012 Latest Caselaw 4604 ALL
Judgement Date : 28 September, 2012

Allahabad High Court

Km. Veena vs State Of U.P. Through Prin. Secy. ... on 28 September, 2012

Bench: Ajai Lamba




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- SERVICE SINGLE No. - 5190 of 2012
 

 
Petitioner :- Km. Veena
 
Respondent :- State Of U.P. Through Prin. Secy. Nagar Vikas Lko. & Ors.
 
Petitioner Counsel :- Farooq Ahmad
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Ajai Lamba,J.

This petition has been filed with the prayer that a writ in the nature of certiorari be issued quashing the order dated 31.7.2012, placed on record as Annexure-1, vide which services of the petitioner have been dispensed with. In the impugned order, it has been provided that under Government Order dated 23.7.2012 it has been provided that any person appointed by illegal means be removed from service.

Learned counsel for the petitioner contends that the case of the petitioner does not fall within the ambit and scope of order dated 23.7.2012, insomuch as Adarsh Nagar Yojana scheme was sponsored by the State Government for computerization and modernization of working in Local Bodies with the purpose of bringing birth/death certificates and property taxes etc. online. Under the said scheme, post was advertised for which the petitioner competed and has been selected under Handicapped quota and appointed vide order Annexure-7. The letter of appointment, Annexure-7, dated 30.12.2010 provides that the appointment shall be till availability of regular post. In such circumstances, the appointment of the petitioner cannot be termed as illegal and the impugned order is without jurisdiction. Learned counsel also states that the petitioner has not been relieved and is still working on the said post.

State counsel is representing respondent nos.1 and 2.

Let notice be issued to respondent nos.3 and 4, returnable in four weeks.

In case, the petitioner has not been relieved and is working, operation of order dated 31.7.2012 regarding the petitioner shall remain stayed till the next date of listing.

List on 07.11.2012.

Order Date :- 28.9.2012

A.Nigam