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2025 DAILYLAW 163207 (ALL)

LALITA DEVI v. STATE OF U.P. THRU. ADDL. CHIEF SECY. BAL VIKAS EVAM PUSHTAHAR LKO. AND 5 OTHERS

WRIA/10330/2025 · 2025-09-15

Manish Mathur

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 10330 of 2025 Court No. - 8 HON'BLE MANISH MATHUR, J. 1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties 1 to 5. In view of order being passed, notices to opposite party no.6 stands dispensed with. 2. Correction/Amendment Application filed today is taken on record. The same is allowed. 3. Learned counsel for petitioner is granted liberty to make corrections in the memorandum of petition during course of the day. 4. Present petition under Article 226 of Constitution of India has been filed seeking a direction to opposite parties to cancel appointment of opposite party no.6 in compliance of order dated 31.07.2025 passed by District Magistrate, Balrampur. Further prayer for a direction authority concerned to consider petitioner's case for appointment on the post of Anganwadi Worker for the Centre concerned being Mathura 10 is also sought. 5. Learned counsel for petitioner submits that earlier opposite party no.6, Smt. Madhuri, wife of late Rajesh Kumar Arya was selected for appointment on the said post but by means of order dated 31.07.2025, the District Magistrate has found her appointment not in accordance with the Rules and has therefore recommended cancellation of her appointment. It is submitted that despite aforesaid order having been passed on 31.07.2025, no further action has been taken by opposite parties. It is also submitted that petitioner being placed at serial no.2 of the Wait List, is therefore required to be considered in terms of paragraph 11 of Government Order dated 21.03.2023. 6. Learned State Counsel has been provided written instructions dated 11.09.2025, which is taken on record and as per which it is admitted that Versus Counsel for Petitioner(s) : Shikha Srivastava, Suneel Kumar Singh Kalhans, Yogesh Kumar Counsel for Respondent(s) : C.S.C. Lalita Devi .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Bal Vikas Evam Pushtahar Lko. And 5 Others .....Respondent(s) appointment of opposite party no.6 was not found in accordance with Rules, since she applied under widow category but was subsequently found to be a married one. It is admitted that proceedings for cancellation of her appointment are underway. However, it is also submitted that in terms of paragraph 11(v) of Government Order dated 21.03.2023, wait list is kept in place only for a period of ninety days and since the said time limit has already elapsed, petitioner's case cannot be considered. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it is admitted by opposite parties as evident from order dated 31.07.2025passed by District Magistrate that appointment of opposite party no.6 was found to be illegal. Despite almost one and a half months having passed from aforesaid order, no further steps have been taken by authority concerned for cancellation of appointment of opposite party no.6. 8. In view thereof, opposite parties 3 and 4 collectively are directed to issue relevant orders pertaining to cancellation of appointment of opposite party no.6 in case so required, expeditiously within a period of six weeks from the date a certified copy of this order is served upon authority concerned but after affording opportunity of hearing to opposite party no.6. In case orders pertaining to cancellation of appointment of opposite party no.6 are passed, candidature of petitioner who admittedly is placed at serial no.2 of the wait list will be required to be considered in terms of paragraph 11 of Government Order dated 21.03.2023. Since in the considered opinion of this Court, the aspect of life of Wait List for a period of ninety days only, will be inapplicable in the present facts and circumstances of the case where the opposite parties themselves have not yet passed any order pertaining to cancellation of appointment of opposite party no.6 and since aforesaid dispute is still pending, the life of Wail List would definitely continue till final orders are passed. 9. In case appointment of opposite party no.6 is cancelled, candidature of petitioner shall thereafter be considered in the light of Wait List and her placement therein expeditiously within a period of two weeks thereafter. 10. With aforesaid direction, the petition stands finally disposed of. September 15, 2025 kvg/- WRIA No. 10330 of 2025 2 (Manish Mathur,J.) Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench