Allahabad High Court
Smt.Poonam Devi 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. - 13158 of 2013
Petitioner :- Smt.Poonam Devi
Respondent :- State Of U.P.Thru Secy & Ors.
Counsel for Petitioner :- Vinay Kumar Srivastava
Counsel for Respondent :- C.S.C
Hon'ble Sudhir Agarwal,J.
1. The petitioner by means of the instant writ petition, has prayed inter alia, for the following relies:
?i- Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 29.12.2012 and the order dated 04.02.2013 passed by the Zila Karyakram Adhikari-respondent no. 5. Annexure No. 12 and 14 to the writ petition.
ii- Issue a Writ, order or direction in the nature of Mandamus commanding/directing the Respondents not to fill up the vacancy of Anaganbari Sahayika, Ward No. 10, Ram Nagar, in pursuance of the advertisement dated 12.12.2012 and to quash the same to the extent of Serial No. 139, Ward No. 10 Ram Nagar.
Iii- Issue a Writ, order or direction in the nature of Mandamus Commanding the respondent to make the appointment of the petitioner to the post of Anganbari Sahayika, Ward No. 10, Ram Nagar, Varanasi and to make the payment benefit of post and pay scale as per Government order issued from the State and other benefit as are admissible under rule.?
2. Petitioner's case is that after facing selection process pursuant to advertisement made in the year 2011 for the post of Anganbari Sahayika, her name appeared at serial no.2 in the merit list dated 08.03.2011. She raised some dispute about the qualification of the candidate appearing at serial no.1 and thus claimed her entitlement for appointment to the post in question. For the said purpose she made several representation. Though in the meantime, Smt. Savitri Devi, first position holder in the merit list resigned, still instead of appointing the petitioner on the post in question, by the impugned order dated 04.02.2013, the District Programme Officer, Child Development, Varanasi, relying on the report of Child Development Project Officer, Kashi Vidhyapeeth, Varanasi, dated 10.01.2013, has rejected the claim of petitioner for appointment as Anganbari Sahiyaka in Ram Nagar Ward no.10, Varanasi, on the ground of implementation of new Government Order dated dated 04.09.2012. Further grievance of the petitioner is that for filling up the earlier vacancies, as per new G.O., advertisement dated 12.12.2012 has been issued. As mentioned above, the petitioner has prayed for quashing of order dated 04.02.2013 passed by respondent no.5, report dated 10.01.2013 of respondent no.6 and the advertisement dated 12.12.2012 besides a writ of mandamus for giving her appointment as Anganbari Sahayika.
3. 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 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 petitioner for appointment to the post of Angan Bari Sahayika in the light of her selection made pursuant to advertisement made in 2011. 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 petitioner 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.
4. Subject to above, the writ petition stands disposed of.
5. No order as to costs.
Dated: 26.08.2013
Akn.
