Smt. Ram Devi Yadav vs The State Of Madhya Pradesh
2023 Latest Caselaw 11764 MP

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                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                ON THE 26 th OF JULY, 2023
                                            WRIT PETITION No. 17413 of 2023

                           BETWEEN:-
                           SMT. RAM DEVI YADAV D/O SHRI HIRA LAL YADAV
                           W/O SHRI GYANI YADAV, AGED ABOUT 37 YEARS,
                           OCCUPATION: HOUSEWIFE, R/O VILLAGE BHADOURA,
                           POLICE STATION BADAGAON DASAN, DISTRICT
                           TIKAMGARH (MADHYA PRADESH)

                                                                                     .....PETITIONER
                           (BY SHRI HAKIM KHAN - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 SECRETARY WOMEN AND CHILD DEVELOPMENT
                                 DEPARTMENT, VALLABH BHAWAN, BHOPAL
                                 (MADHYA PRADESH)

                           2.    THE    COLLECTOR T I K A M G A R H , DISTRICT
                                 TIKAMGARH (MADHYA PRADESH)

                           3.    THE DISTRICT PROGRAM OFFICER, WOMEN AND
                                 CHILD      DEVELOPMENT      DEPARTMENT,
                                 TIKAMGARH, DISTRICT TIKAMGARH (MADHYA
                                 PRADESH)

                           4.    THE PROJECT OFFICER, INTEGRATED WOMEN
                                 AND CHILD DEVELOPMENT DEPARTMENT
                                 TIKAMGARH, DISTRICT TIKAMGARH (MADHYA
                                 PRADESH)

                           5.    SMT. REETA YADAV W/O SHRI SITARAM YADAV,
                                 R / O VILLAGE BADAGON DASAN, TEHSIL AND
                                 DISTRICT TIKAMGARH (MADHYA PRADESH)

                                                                                  .....RESPONDENTS
                           (BY SHRI DEEPAK SAHU - PANEL LAWYER )

                                 This petition coming on for admission this day, the Court passed the
Signature Not Verified
Signed by: ASHISH KOSHTA
Signing time: 7/26/2023
4:37:13 PM
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                           following:
                                                               ORDER

By this petition, the petitioner has challenged the order dated 26.06.2023 (Annexure P/6) passed by the respondent No.4, whereby the application of the petitioner for her appointment on the post of Aganwadi Karyakarta at Aganwadi Center Bhadoura, District Tikamgarh, has been rejected.

A perusal of the impugned order shows that respondent No.5 Reeta Yadav was appointed as Aganwadi Karyakarta in the year 2011. She was removed from her post after her conviction in a criminal case, i.e., S.T. No.6/2018, vide judgment dated 02.12.2022. After the removal of Reeta Yadav, the petitioner moved an application that her name was at serial No.1 in the

waiting list, hence she be appointed in place of Reeta Yadav. This application was rejected by order dated 26.06.2023 (Annexure P/6) on the ground that the waiting list exists for a period of one year only and this application has been filed after more than a period of ten years when the said waiting list does not exist. I do not find any mistake or any illegality in the impugned order passed by the respondent No.4, since as per rules a waiting list is kept alive only for a period of one year and not thereafter.

Since the petitioner has applied after more than a period of ten years after the initial appointment, the waiting list, which is not in existence, cannot be considered now. There is no merit in this petition, hence accordingly dismissed.

(NANDITA DUBEY) JUDGE ak

Signature Not Verified Signed by: ASHISH KOSHTA Signing time: 7/26/2023 4:37:13 PM