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2025 DAILYLAW 134391 (ALL)

MAMTA DEVI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF BAL VIKAS SEVA EVAM PUSTAHAR LKO. AND 5 OTHERS

WRIA/4155/2025 · 2025-04-17

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:21582 Court No. - 18 Case :- WRIT - A No. - 4155 of 2025 Petitioner :- Mamta Devi Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Bal Vikas Seva Evam Pustahar Lko. And 5 Others Counsel for Petitioner :- Badan Singh Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for respondents No. 1 to 5. 2. Notice to respondent No.6 is dispensed with in view of the proposed order. 3. By this petition, petitioner has prayed for following reliefs: "(i) Issue a writ, order or direction in the nature of Certiorari thereby quashing the appointment of respondent No.6 as Anganvari Karyakatri in Block Sakran District Sitapur. (ii) Issue a writ, order or direction in the nature of mandamus commanding respondent No. 2 to 5 appointing the petitioner on the post of Anganwari Karyakatri, consequential benefits and grant any other relief including costs, as deemed fit and proper by this Hon'ble Court in the interest of justice." 4. Learned Standing Counsel on the basis of written instructions submits that one post in question for the post of Anganwari Karyakatri was of unreserved category. According to the admitted case of the petitioner, as per her income certificate, her income is Rs.48000/- per annum which is Above Poverty Line as per the Government Order issued by the department of Social Welfare, whereas income of Anju Maurya is Rs.42000/- per annum, who comes under Below Poverty Line category therefore in view of the Government Order dated 21.03.2023, Anju Maurya has been given priority over the above post and has been selected accordingly on the post of Anganwari Karyakatri. 5. The claim of the petitioner cannot be considered for this reason. 6. Perused the record. 7. Written instructions are kept on record. 8. After due consideration to the Government order dated 21.05.2023 and admitted fact that the petitioner comes under Above Poverty Line and therefore, Anju Maurya, private respondent has rightly been given priority being eligible under Below Poverty Line over and above. There appears to be no illegality in her selection. 9. The petition lacks merit and accordingly dismissed. Order Date :- 17.4.2025 Reena/- (Karunesh Singh Pawar,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench