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2025 DAILYLAW 134805 (ALL)

SUMAN RATHUR v. STATE OF U.P. THRU. PRIN. SECY. BAL VIKAS EVAM PUSTAHAR LKO. AND 5 OTHERS

WRIA/4180/2025 · 2025-04-18

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:22152 Court No. - 18 Case :- WRIT - A No. - 4180 of 2025 Petitioner :- Suman Rathur Respondent :- State Of U.P. Thru. Prin. Secy. Bal Vikas Evam Pustahar Lko. And 5 Others Counsel for Petitioner :- Nakul Dubey Counsel for Respondent :- C.S.C. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the petitioners and learned Standing counsel for the respondents. The petition has been filed with the following main prayer:- "(i) To issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to allow the petitioner to join on the post of Aaganwari Karyakatri in pusuance of final selection list dated: 28.03.2025 contained in Annexure No. 4 to this writ petition. (ii) To issue a writ, order or direction in the nature of Mandamus commanding the opposite parties to pay all the emoluments and other benefits extended to other similarly selected incumbents appointed through the selected list mentioned herein above." Learned Standing Counsel, on the basis of written instructions, submits that the Chief Medical Officer, Hardoi, has examined the disability certificate submitted by the petitioner, Suman Rathur, and has found that the certificate was not issued by the office of the Chief Medical Officer. Further, upon examination by an Orthopedic Surgeon, no disability was found in the petitioner. Consequently, the disability certificate submitted by Suman Rathur has been found to be forged. Therefore, the petitioner’s case cannot be considered due to the submission of a forged disability certificate. Learned counsel for the petitioner has disputed the said instructions,however, has submitted that the disability certificate is irrelevant to the present case and, as such, cannot be a valid ground for non-consideration of the petitioner’s claim. At this stage, learned counsel for the petitioner submits that it would suffice if the petitioner is permitted to submit a fresh representation raising his grievances to respondent no. 5, with a direction to decide the same within a stipulated period. Learned Standing Counsel has no objection to this innocuous prayer. Considering the above, the petitioner is directed to submit a fresh representation before respondent no. 5 within two weeks from today. If such a representation is submitted, respondent no. 5 shall decide the same within a further period of four weeks by passing a reasoned and speaking order. With these observations, the petition stands disposed of. Order Date :- 18.4.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench