MRS KAVITA v. STATE OF U.P. THRU. SECY. BAL VIKAS EVAM PUSHTAHAR LKO. U.P. AND 3 OTHERS
/12840/2024 · 2025-01-07
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 170918 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 170918 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:1120 Court No. - 6 Case :- WRIT - A No. - 12840 of 2024 Petitioner :- Mrs Kavita Respondent :- State Of U.P. Thru. Secy. Bal Vikas Evam Pushtahar Lko. U.P. And 3 Others Counsel for Petitioner :- Abhilasha Pandey Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Ms. Abhilasha Pandey, learned counsel for petitioner, learned Standing Counsel for the State and perused the material available on record.
2. It has been submitted by learned counsel for petitioner that the petitioner was appointed on the post of Anganbadi Karyakatri in the Department of Women and Child Development on 27.08.1997 at Anganbadi Centre Anoopshahar, Bulandshahr.
3. It seems that there was certain allegations with regard to the appointment of the petitioner were made and by means of order dated 16.05.2018 the services of the petitioner were terminated on the ground that the appointment letter dated 27.08.1997 was not a genuine document. Against the order of termination, the petitioner had submitted certain representations to the respondents on 14.09.2023 but the same has not been decided, accordingly, the petitioner had approached this Court by filing a writ petition being Writ-A No. 60 of 2024, which was disposed of on 08.01.2024 directing the Secretary, Bal Vikas Evam Pushtahar, Civil Secretariat, Lucknow to take a decision on the representation of the petitioner within six weeks.
4. It is in compliance of order of this Court that by means of
order dated 16.04.2024 the representation of the petitioner was
rejected and it was further noticed that new rules have come into force where the minimum educational qualification has been prescribed and according to new rules, the petitioner does not fulfill the minimum educational qualification. They also considered the fact that at the time of her recruitment, the petitioner has submitted a high-school certificate of the year 1987, which had not been certified by the competent authority, which was mandatory and it is considering the aforesaid fact that the representation of the petitioner was rejected. The only prayer made by the petitioner in the present petition is that considering the fact that fresh recruitment process is underway, the post on which the petitioner was working should be kept vacant.
5. It is further noticed while considering the case of the petitioner the State Government has not found any ground for restoring the petitioner back in service and said order has been passed by the State Government and no further appeal of the said order would be permissible. Even in case any appeal is preferred by the petitioner will have to abide by the order of the State Government dated 16.04.2024 as the appellate authority would not have able to pass any order contrary to the direction of the State Government.
5. The present petition has been opposed by learned Standing Counsel. He submits that firstly the order of termination of the petitioner by order dated 16.05.2018 has not been assailed before this Court or challenged any other proceedings.
6. He further submits that the grievance raised by the petitioner in this regard has already been considered by the State Government as per direction of this Court and the same has been rejected by a reasoned and speaking order. Even the order of the State Government dated 16.04.204 has not been
challenged in the present petition.
7. Accordingly, this Court does not find any ground for interfering the said matter or restraining the respondents from proceedings with the recruitment. Accordingly, the petition being bereft of merits is dismissed.
8. It is also open for the petitioner to challenge the order of termination in appropriate proceedings. . (Alok Mathur, J.)
Order Date :- 7.1.2025 Virendra Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench