Smt. Asha Devi vs State Of U.P.Thru Secy & Ors.
2013 Latest Caselaw 5205 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 13075 of 2013
 
Petitioner :- Smt. Asha Devi
 
Respondent :- State Of U.P.Thru Secy & Ors.
 
Counsel for Petitioner :- K.M.Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Sudhir Agarwal,J.

1. By means of the instant writ petition the petitioner Asha Devi has sought quashing of advertisement dated 14.12.2012 for appointment on the post of Angan Bari Sahayika. She claims to be selected for the said post pursuant to earlier selection held in 2011, but till date no appointment could be made and the respondents have notified the said vacancies vide advertisement dated 14.12.2012 (Annexure 1 to the writ petition), quashing whereof has been sought by the petitioner. A further prayer for mandamus is made for a direction to respondents to appoint the petitioner on the post of Angan Bari Sahayika.

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 14.12.2012 (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 Sahayaka in the light of her selection made by Selection Committee, vide select list dated 28.11.2011 (Annexure-3 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 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.

3. Subject to above, the writ petition stands disposed of.

4. No order as to costs.

Dated: 26.08.2013

Akn.