Smt. Sunanda Singh And 3 Ors. vs State Of U.P.& 3 Ors.
2013 Latest Caselaw 5207 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 
Writ Petition No.(A) 24370 of 2013
 
Petitioner :- Smt. Sunanda Singh And 3 Ors.
 
Respondent :- State Of U.P.& 3 Ors.
 
Counsel for Petitioner :- Deepak K.Jaiswal
 
Counsel for Respondent :- C.S.C.
 
Hon'ble Sudhir Agarwal, J.

1. The petitioners have approached this Court seeking, inter alia, the following reliefs:

?1. Issue a writ, order or direction in the nature of certiorari quash the order dated 19.12.2012 (Annexure-5) passed by respondent no. 2 rejecting the claim of petitioners for the post of Agarbari Karyakatri.

2. Issue a writ, order or direction in the nature of Mandamus commanding the Dicvstrict magistrate / Respondnet No. 2 fill up the posts of the Aganbari Karyadatri Advertised vide previous notification dated 13.01.2011 (Annexure 1)?

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 19.12.2012 (Annexure-5 to the writ petition), passed by District Magistrate, Azamgarh, rejecting the petitioners' representation dated 6.11.2012, is hereby quashed and respondent competent authority is directed to consider the claim of petitioners for appointment to the post of Angan Bari Karyakartri in the light of her selection made pursuant to advertisement made on 13.01.2011. 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 petitioners and if anything is found wrong, therein appropriate order can 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.