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Allahabad High Court · body

2025 DAILYLAW 157235 (ALL)

SMT. KIRAN SINGH v. STATE OF U.P. THRU. ADDL. CHIEF SECY. WOMEN WELFARE AND CHILD DEVELOPMENT DEPTT. LKO. AND 4 OTHERS

WRIA/9017/2025 · 2025-08-14

Abdul Moin

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47562 Court No. - 4 Case :- WRIT - A No. - 9017 of 2025 Petitioner :- Smt. Kiran Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Women Welfare And Child Development Deptt. Lko. And 4 Others Counsel for Petitioner :- Rakesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Abdul Moin,J. 1. Heard. 2. Under challenge is the advertisement dated 06.08.2025, a copy of which is Annexure-1 to the petition, so for as it pertains to Psycho-social Counselor. 3. The contention of learned counsel for the petitioner is that the petitioner has been working on outsourcing basis since the year 2021 and there cannot be any occasion for the respondents to advertise the said vacancy so far as it pertains to the post of Psycho-social Counselor. 4. On the other hand, Sri Ran Vijay Singh, learned Additional Chief Standing Counsel appearing on behalf of the respondents, states on the basis of instructions sent by the District Probation Officer Amethi dated 13.08.2025 that the petitioner is an employee of Aryan Infotech Enterprises. The MSW (Master Social Welfare) Certificate of the petitioner has been found to be forged as indicated by the Agency vide its letter dated 23.04.2025. The services of Aryan Infotech Enterprises have itself been terminated by the respondents and once the petitioner is an employee of the said Agency consequently there cannot be any occasion for the petitioner to continue and as such there is no error in the respondents having issued the impugned advertisement. 5. Responding learned counsel for the petitioner states that (a) the petitioner does not have any records pertaining to his services having been dispensed with, (b) it is the District Probation Officer, Amethi, who has stopped the honorarium of the petitioner and stopped taking work on account of pendency of the inquiry and no outcome has been communicated to the petitioner, (c) the District Inspector of Schools has also conducted an inquiry and the petitioner submitted all the documents to the DIOS, and (d) the latest certificate issued by the University has also been submitted to the DIOS on 25.03.2025. 6. The aforesaid argument of learned counsel for the petitioner is found to be patently fallacious more particularly when the petitioner is admittedly an employee of the outsourcing agency. Once the outsourcing agency has itself decided to dispense with the services of the petitioner on the ground of his certificate having been found to be forged consequently there cannot be any occasion for any mandamus or for that matter any direction to be issued to the official respondents to continue with the services of the petitioner. 7. Considering the aforesaid, no case for interference is made out. Accordingly, the writ petition is dismissed. Order Date :- 14.8.2025 A. Katiyar Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench