Neutral Citation No. - 2025:AHC:103764 Court No. - 52 Case :- WRIT - A No. - 12435 of 2020 Petitioner :- Shyama Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sanjay Kumar Pandey Counsel for Respondent :- Arun Kumar,C.S.C.,Kushmondeya Shahi Hon'ble Mrs. Manju Rani Chauhan,J. List revised. None appears on behalf of the petitioner. Heard Mr. Dinesh Kumar, Advocate holding brief of Mr. K. Shahi, learned counsel for respondent no.4 as well as Mr. Hare Ram, learned Standing counsel for the State and perused the record. Record shows that the petition has been filed with the prayer to quash the impugned order dated 20.03.2020 passed by the respondent no.5-District Magistrate, Prayagraj and a further prayer to direct the respondent authorities to reinstate the petitioner as cook before respondent no.6 and pay honorarium month to month during the pendency of the present writ petition. In the present petition, it has been averred that the petitioner was initially appointed as cook on 01.07.2011 in Purva Madhyamik Vidyalaya, Sirsa, Block- Uruwa, Tehsil- Meja, District- Prayagraj temporarily. She discharged her duties as cook honestly and sincerely and her services were extended from time to time. During her service period, there was no complaint against her. On 30.08.2019, the Principal of the said school, without giving notice, threw her out of the premises, therefore, she moved an application before respondent nos.3 and 5 requesting for appointing her as cook but no action was taken hence, she filed Civil Misc Writ Petition-A No.18254 of 2019 (Shyama Devi vs. State of U.P. and 5 others) before this Hon'ble Court and the Court concerned vide order dated 25.11.2019, directed the authorities to decide the representation of the petitioner in accordance with law. In compliance of the aforesaid, the order impugned has been passed by deciding the representation of the petitioner hence, the present petition has been filed. Grounds have been taken that the petitioner was appointed temporarily as cook in the aforesaid institution and for no reason, without giving any opportunity of hearing, she has been ousted from service and the order impugned has been passed in an illegal and arbitrary manner. Learned counsel for respondent no.4 as well as learned Standing counsel for the State submit that the appointment on the post of cook was to be made according to Government order dated 24.04.2010. Accordingly, as per the provision contained in said Government order, four cooks were permitted to be appointed for preparation of M.D.M. As per the guidelines of the Government order, two widow and two other cooks as per the age were to be appointed. The petitioner was not coming within the purview of the guidelines as her age was not in accordance of the requirement as per the guidelines of the Government order dated 24.04.2010. Emphasizing upon the paragraph no.10 of the counter affidavit, learned counsel for the respondent no.4 submits that four cooks were permitted to be appointed for preparation of M.D.M. as per the Government order dated 24.10.2010. Initially, three cooks namely Smt. Nirmala Devi, Smt. Shanti Devi and Smt. Shyama Devi were appointed in the Junior High School, Sirsa where as two cooks namely Smt. Durgawati (OBC widow) and Smt. Kiran Yadav (OBC widow) were appointed in Prathamic Vidyalaya, Sirsa. After merger of the aforesaid institutions, out of five candidates, renewal has been granted to only four candidates as per the guidelines of the relevant Government order. The petitioner was the youngest as compared to the other candidates who were appointed as cook, therefore, her name was placed in the waiting list as her renewal could not have been done against the guidelines of the relevant Government order, therefore, there is no illegality in the impugned order. The aforesaid version has not been disputed in the rejoinder affidavit. In the light of above facts and circumstances of the case, this Court is of the view that there is no illegality or irregularity in the order impugned. Accordingly, the present petition is dismissed. Order Date :- 3.7.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad