MEERA VERMA v. STATE OF U.P. THRU. PRIN. SECY. BAL VIKAS SEWA EVAM PUSHTAHAR DEPTT. LKO. AND 3 OTHERS
WRIA/7740/2025 · 2025-07-17
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 152125 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 152125 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:40807 Court No. - 18 Case :- WRIT - A No. - 7740 of 2025 Petitioner :- Meera Verma Respondent :- State Of U.P. Thru. Prin. Secy. Bal Vikas Sewa Evam Pushtahar Deptt. Lko. And 3 Others Counsel for Petitioner :- Dilip Kumar Gautam,Harkhoo Ram Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioner and learned State Counsel for opposite parties.
2. Petition has been filed challenging order dated 5th July, 2025 rejecting petitioner's claim for promotion and in fact removing her from service on the post of Aganbari Assistant.
3. It has been submitted that petitioner was earlier appointed and working on the post of Aganbari Assistant since 2002 but since she was not promoted on the post of Aganbari Worker, she filed writ A No. 1956 of 2025 which was disposed of vide order dated 17th February, 2025 directing official concerned to consider and decide petitioner's representation.
4. It is submitted that impugned order has been passed in pursuance thereof but not only rejecting her claim for promotion but in fact stating that her initial appointment also was illegal since she was under age. It is submitted that impugned order has been passed without affording any opportunity of hearing.
5. Learned State Counsel has refuted submissions advanced by
learned counsel for petitioner with submission that impugned
order itself indicates that a forged mark sheet had been submitted by petitioner due to which she was found to be under age at the time of entry into service. It is submitted that prior to passing of impugned order, a show cause notice was issued to petitioner to which she also replied and therefore an opportunity of hearing has clearly been granted.
6. Upon consideration of submissions of learned counsel for parties and perusal of material on record, it is evident that although the issue pertained to deciding representation of petitioner for promotion, the impugned order has in fact been passed removing petitioner from service on the ground that she had submitted a forged certificate of date of birth at the time of initial time of entery into service in the year 2002.
7. Although it has been submitted that a show cause notice was provided to petitioner to which reply was also submitted but perusal of impugned order makes it evident that there is absolutely no consideration of any such reply. The order ex facie is non speaking.
8. In view thereof, he impugned order dated 5th July, 2025 is hereby quashed by issuance of writ in the nature of Certiorari granting liberty to opposite party No.2 i.e.District Magistrate District Sultanpur to decide the issue afresh only after affording opportunity of hearing to petitioner and discussing her claims. The aforesaid exercise shall be completed within a period of two months from the date a certified copy of this order is produced before the said authority. For the said purposes the petitioner shall be reinstated in service and she paid her regular salary and emoluments which shall be subject to final decision taken by the authority.
9. Resultantly the petition succeeds and is allowed at this admission stage itself. Parties to bear their own cost.
Order Date :- 17.7.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench