Smt. Meena Devi vs State Of U.P.& 3 Ors.
2013 Latest Caselaw 5199 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 
Case :- WRIT - A No. - 27243 of 2013
 
Petitioner :- Smt. Meena Devi
 
Respondent :- State Of U.P.& 3 Ors.
 
Counsel for Petitioner :- Suresh Kumar Maurya
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Sudhir Agarwal,J.

1. The petitioner by means of the instant writ petition, has prayed mainly, for issuance of a writ of certiorari, quashing the impugned advertisement dated 07.11.2012 (Annexure No.11 to writ petition) as also a writ of mandamus, directing the respondent no. 2 and 3 to appoint the petitioner on the post of Aganwari Karyakatri in the Village-Sipauwa (Mohade Malhan Basti) Block-Koraon, District-Allahabad.

2. The petitioner has challenged the advertisement on the ground that selection made earlier, could not have been sought to be proceeded afresh, as per procedure prescribed in subsequent Government Order dated 04.09.2012.

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 28.01.2013 (Annexure-11 to the writ petition), insofar as it pertains to the post of Angan Bari Karyakartri, which is subject matter of dispute in the present writ petition, is hereby quashed. The respondent competent authority is directed to proceed to fill in the vacancy of Angan Bari Karyakartri by fresh advertisement, following the procedure laid down, when the vacancies occurred. This Court finds no justification to grant any relief as sought in prayer no.2 for the reason that the income, caste and residence certificate, issued to the petitioner having already been cancelled, the aforesaid relief cannot be granted and it would be appropriate for the respondents to proceed for making a fresh selection. 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.