Sunita And 3 Ors. vs State Of U.P. Thru Secy.Women & ...
2017 Latest Caselaw 1250 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- SERVICE SINGLE No. - 11809 of 2017
 

 
Petitioner :- Sunita And 3 Ors.
 
Respondent :- State Of U.P. Thru Secy.Women & Child Deptt.Civil Sectt.&Ors
 
Counsel for Petitioner :- Ashish Kumar Pathak,Saurav Lavnia
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for the parties.

This Court vide order dated 12.05.2016, in writ petition no. 6882 (S/S) of 2016, had enquired from the State Government as to what was the procedure for selection and appointment in other blocks as the reason for cancelling the appointment of the petitioners appointed in block Sikandarpur is that prescribed procedure was not followed.

The learned standing counsel on the basis of instructions provided by District Programme Officer says that the same procedure as adopted in other blocks was followed in the selection and appointment of the block in question, but no complaint was received from other blocks. The question of compliant is irrelevant if the same procedure was followed in other blocks then in the case of the petitioner to say that there was absence of wide publicity of vacancies and the same were advertized in only one paper becomes meaningless especially as no other illegality or irregularity in the selection and appointment of the petitioner has been pointed out in the inquiry report.

In view of the above, the operation and implementation of the impugned order is hereby stayed. The petitioners will be allowed to work and be paid their remuneration.

It is, however, made clear that if the selection and appointment in other blocks is also cancelled on the ground of absence of wide publicity of vacancies and the prescribed procedure not having been followed, then, of course, from the date of such cancellation the benefit of this interim order will not be available to the petitioners of the instant writ petition.

Order Date :- 25.5.2017

psd

(Vivek Chaudhary,J.)