Manorama Devi And Ors. vs State Of U.P.Thru Secy & Ors.
2013 Latest Caselaw 5217 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 11694 of 2013
 

 
Petitioner :- Manorama Devi And Ors.
 
Respondent :- State Of U.P.Thru Secy & Ors.
 
Counsel for Petitioner :- Santosh Kumar Dubey,Anand Prakash Dubey
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Sudhir Agarwal,J.

1. Pursuant to advertisement dated 23.05.2011, made by Child Development Project Officer, Amoli, District Sant Ravidas Nagar, the petitioners were selected for the post of Angan Bari Karyakartri/Mini Angan Bari Karyakartri/Sahayika and a select list (Annexure-3) was prepared. As per averment contained in paragraph no.1 of the writ petition, the petitioners have been appointed on the aforesaid posts. The petitioners' grievance is that fresh advertisement dated 14.12.2012 has been issued in respect of the posts which have already been advertised and selection made. Further prayer for mandamus has been sought for directing the respondents not to interfere in peaceful functioning of the petitioners during pendency of the writ petition.

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-6 to the writ petition), insofar as it pertains to the post of Angan Bari Karyakartri/Mini Angan Bari Karyakartri/Sahayika, 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 petitioners in the light of their selection vide select list dated 22.07.2011 (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 petitioners 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.