Priya Pandey vs State Of ...
2021 Latest Caselaw 10613 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 1
 

 
Case :- SPECIAL APPEAL DEFECTIVE No. - 559 of 2018
 

 
Appellant :- Priya Pandey
 
Respondent :- State Of U.P.Throu.Prin.Secy.Panchayat Raj Lucknow And Ors.
 
Counsel for Appellant :- Santosh Kr. Yadav "Warsi"
 
Counsel for Respondent :- C.S.C.,I.M.Pandey,Jai Kumar
 

 
Hon'ble Ritu Raj Awasthi,J.

Hon'ble Dinesh Kumar Singh,J.

1. This intracourt appeal has been filed under Chapter VIII, Rule 5 of the Allahabad High Court Rules, 1952 challenging the judgment and order dated 05.04.2018 passed in Writ Petition No.5718(SS) of 2011 whereby the writ petition preferred by the appellant-petitioner has been dismissed.

2. Learned counsel for the appellant tries to submit that the order impugned has been passed ex-parte as he was not present in the Court and by the impugned order, the writ petition has been dismissed without giving opportunity to the petitioner to file rejoinder affidavit to the counter affidavit filed by the respondent.

3. Mr.Amitabh Rai, learned A.C.S.C. informs that nomenclature of Panchayat Mitra has been changed. Now, they are designated as Gram Rozgar Sewak. They are engaged under MGNREGA Scheme for three years. In this regard, State Government has issued Government Order dated 23.11.2007. His submission is that the period of three years of engagement of the appellant has expired, as such this special appeal has become infructuous. It is also informed that the matter is also drawing attention of the Apex Court with regard to the engagement of Gram Rozgar Sewak in which no interim order has been granted against the judgment passed in Special Appeal No.61 of 2011.

4. The appellant was engaged in 2007. Now in 2021, she cannot claim to continue in the post of Panchayat Mitra, re-designated as Gram Rozgar Sewak.

5. The special appeal as such is dismissed as having become infructuous.

(Dinesh Kumar Singh, J.) (Ritu Raj Awasthi, J.)

Order Date :- 18.8.2021

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