Smt.Maya Devi vs State Of U.P.Thru Secy & Ors.
2013 Latest Caselaw 5206 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 15713 of 2013
 
Petitioner :- Smt.Maya Devi
 
Respondent :- State Of U.P.Thru Secy & Ors.
 
Counsel for Petitioner :- Sunil Kumar Maurya
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Sudhir Agarwal,J.

1. The petitioner Smt. Maya Devi, claims that she applied for the post of Angan Bari Karyakartri pursuant to advertisement made in 2011 and was selected alongwith three other candidates namely, Smt. Sunita Devi, w/o Anil Kumar, Sunita w/o Umesh Chandra and Basanti, who were given appointment but the petitioner was deprived thereof, though she was entitled thereto. The petitioner by means of several representations, approached the competent authority in this regard but in vain. Ultimately, her claim has been rejected vide order dated 20.02.2013, passed by Child Development Project Officer, Sidhpura, Kasganj, respondent no.5, which is impugned in this writ petition seeking quashing thereof. A further prayer for mandamus, directing the respondents to permit the petitioner to join her duty as Anganwari Karyakartri, has also been made.

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 order dated 20.02.2013 (Annexure-8 to the writ petition), passed by Child Development Project Officer Sidhpura/Ganj Dundwara, Kasganj (Kanshiram Nagar), respondent no.5, rejecting the petitioner's representation dated 03.12.2012 (Anenxure 6), is hereby quashed and respondent competent authority is directed to consider the claim of petitioner for appointment to the post of Angan Bari Karyakartri in the light of her selection made pursuant to advertisement published in May 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.

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

4. No order as to costs.

Dated: 26.08.2013

Akn