Allahabad High Court
Smt.Pramila Singh And Ors. vs State Of U.P.Thru Secy & Ors. on 26 August, 2013
Bench: Sudhir Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 34
Case :- WRIT - A No. - 13129 of 2013
Petitioner :- Smt. Pramila Singh And Ors.
Respondent :- State Of U.P.Through Secy & Ors.
Counsel for Petitioner :- Deepak K.Jaiswal
Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal, J.
1. Pursuant to notification dated 17.06.2011 and 20.7.2011 the petitioner no.1, Smt. Pramila Singh applied for the post of Mini Angabari Karyakatri whereas petitioners no. 2 to 4, Smt. Manju Devi, Smt. Archana Jaiswal and Smt. Kiran Devi applied for appointment on the post of Anganbari Sahayika at Centre/Project Jahanganj, District Azamgarh. A select list was prepared wherein petitioners were declared selected. However, for one or the other reason, the petitioners could not be given appointment. Now the respondents have issued fresh notifications dated 01.11.2012 inviting applications for the aforesaid posts against which the petitioners were declared selected. Representation of petitioners in this regard did not find favour with the competent authority who rejected their claim vide order dated 19.12.2012 (Annexure-6 to the writ petition). By means of the present writ petition, the petitioners have sought quashing of the impugned order dated 19.12.2012 (Anenxure-6 to the writ petition) as well as the notification dated 01.11.2012. A writ of mandamus has also been sought commanding the respondents to fill up the posts in question as per previous notification Annexure-1 to the writ petition.
2. Learned Standing Counsel could not dispute that the matter involved in this writ petition is squarely covered by the judgment of date, passed in writ petition no.(A) 11551 of 2013, Smt. Gyanwati Vs. State of U.P. and others. For the reasons stated therein, and, in terms thereof, the impugned advertisement dated 12.12.2012 (Annexure-1 to the writ petition), insofar as it pertains to the post of Mini Anganbari Karyakatri/ Angan Bari Sahayaka, which is subject matter of dispute in the present writ petition, is hereby quashed and respondent competent authority is directed to consider the claim of petitioners for appointment to the post of Mini Anganbari Karyakatri/Angan Bari Sahayaka in the light of her selection made pursuant to notification dated 17.6.2011 and 20.07.2011 (Annexure-1 to writ petition). However, it is made clear that this order shall not preclude the competent authority to examine the matter, with respect to genuineness of any documents relating to eligibility etc. of petitioners and if anything is found wrong, therein appropriate order shall be passed by it giving reason(s) after complying with the requirement of principles of natural justice. A copy of judgment of date passed in writ petition no. A-11551 of 2013 shall form part of this judgment.
3. Subject to above, the writ petition stands disposed of.
4. No order as to costs.
Dated: 26.08.2013
Akn.
