Allahabad High Court
Smt. Rita Devi vs State Of U.P. Thru. Secy. Child ... on 18 April, 2023
Bench: Dinesh Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 8
Case :- WRIT - A No. - 2918 of 2023
Petitioner :- Smt. Rita Devi
Respondent :- State Of U.P. Thru. Secy. Child Development And Nutrition Deptt. Lko. And 5 Others
Counsel for Petitioner :- Arvind Kumar Pandey
Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Kumar Singh,J.
1. Heard Shri Arvind Kumar Pandey, learned counsel for petitioner and Shri Ram Pratap Singh, learned Additional Chief Standing Counsel appearing for the State-respondents.
2. This is the third writ petition under Article 226 of the Constitution of India filed by the petitioner for almost identical/similar reliefs:-
"(i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned order dated 07.02.2023 passed by District Magistrate, Ayodhya in which, in compliance with the order dated 16.12.2022 passed by this Hon'ble Court, the representation given by the petitioner dated 01.10.2022 and 22.12.2022 was disposed off in an illegal and arbitrary manner, as contained in Annexure No.1 to this writ petition.
(ii) Issue a writ, order or direction in the nature of Mandamus thereby commanding the opposite parties to permit the petitioner to perform her duties on the post of worker in the Department of Child Development and Nutrition in village Malethu Kanak, Block & Tehsil Bikapur, District-Ayodhya.
(iii)...
(iv)..."
3. The petitioner was employed under the Below Poverty Line (hereinafter referred to as "B.P.L.") category as Anganwadi Karyakatri on fixed honorarium vide order dated 17.10.2007.
4. Some complaints were received in the department regarding the B.P.L. status of the petitioner and the employment given to her treating her to be in B.P.L. list. The said complaint was inquired into and vide order dated 19.07.2007, petitioner's status as B.P.L. category person was cancelled.
5. Aggrieved by the said order dated 19.07.2007, the petitioner filed a writ petition bearing Writ Petition No.1092 (M/B) of 2008 before this Court. Division Bench of this Court vide order dated 07.02.2008 set aside the order dated 19.07.2007 as the same was passed without affording an opportunity of hearing to the petitioner and directed the Tehsildar, Bikapur, District-Ayodhya to consider the claim of the petitioner and pass a fresh order after affording an opportunity of hearing to the petitioner.
6. In compliance to the judgment and order dated 07.02.2008, the Tehsildar, Bikapur, District-Ayodhya passed a fresh order on 25.03.2008 wherein petitioner's status as B.P.L. person was again found to be incorrect and therefore, it was cancelled.
7. The petitioner challenged the order dated 25.03.2008 passed by Tehsildar, Bikapur, District-Ayodhya by filing a writ petition bearing Writ A No.8500 of 2022 (Smt. Rita Devi vs. State of U.P. and Others). The said writ petition was disposed of by the Coordinate Bench of this Court vide order dated 16.12.2022. The operative portion of the order dated 16.12.2022 passed by the Coordinate Bench of this Court in Writ A No.8500 of 2022 would read as under:-
"In view of above, without entering into the merits of the case the writ petition is disposed of with direction to the respondent no.3 to consider and dispose of the representation of the petitioner dated 01.10.2022 contained in Annexure No.5 to the writ petition expeditiously say within a period of six weeks form the date of production of certified copy of this order."
8. In pursuance of the liberty granted by this Court vide order dated 16.12.2022 passed in Writ A No.8500 of 2022, the District Magistrate, Ayodhya, reconsidered the whole matter and said that the petitioner cannot be granted any relief inasmuch as order dated 25.03.2008 passed by the Teshsildar, Bikapur, District-Ayodhya whereby petitioner's status as B.P.L. category person was cancelled and had remained unchallenged. In view thereof, the District Magistrate, Ayodhya rejected the claim of the petitioner vide impugned order dated 07.02.2023.
9. Now, the petitioner has filed the present petition impugning the said order dated 07.02.2023 passed by District Magistrate, Ayodhya.
10 This Court everyday is confronted with orders of representation which revive the litigation, which otherwise would have come to an end at the threshold. In the present case, the order dated 25.03.2008 passed by Tehsildar, Bikapur, District-Ayodhya came to be challenged after fourteen years from the date of the order by filing a writ petition bearing Writ A No.8500 of 2022 as this Court, granted liberty to the petitioner to prefer a representation before the District Magistrate, Ayodhya to reconsider the whole matter again.
11. The matter attained finality vide order dated 25.03.2008 passed by Tehsildar, Bikapur, District-Ayodhya but got revived again by the order dated 16.12.2022 passed by the Coordinate Bench of this Court in Writ A No.8500 of 2022.
12. In view of the above, I find the impugned order is totally in accordance with law which does not require any interference of this Court in exercise of its jurisdiction under Article 226 of the Constitution of India. If the petitioner has been presently assessed to be B.P.L person, and if there is any post under this category of Anganwadi Karyakarti available, petitioner may be re-employed by the authorities, if it so required. However, this order would not be treated as any positive direction regarding employment of the petitioner.
13. With the aforesaid observations, the present petition stands disposed of.
(Dinesh Kumar Singh, J.)
Order Date :- 18.4.2023
Piyush/-
