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2025 DAILYLAW 57444 (ALL)

SMT MANJARI RAI v. STATE OF U.P. AND 8 OTHERS

WRIA/6578/2025 · 2025-05-19

Ajit Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84029 Court No. - 4 Case :- WRIT - A No. - 6578 of 2025 Petitioner :- Smt Manjari Rai Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Gopal Ji Rai Counsel for Respondent :- C.S.C. Hon'ble Ajit Kumar,J. Heard Sri Gopal Ji Rai, learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioner, who was engaged by respondents through the Service Provider Agency was issued with appointment order on 01.04.2015 by the agency itself to work as Technical Assistant at Rural Development Department (MANREGA Cell) specifically at Banda Block and pursuant to the said order of appointment, petitioner continued to discharge his duties. It is submitted by learned counsel for the petitioner that petitioner wrote to the Service Provider Agency also and also to the District Magistrate and District Program Officer that he discharged his duty to the best of his ability and skill and diligently too and yet without affording any opportunity to him by the competent authorities in the matter the services have been dispensed with. Learned Standing Counsel on the contrary submits that petitioner has the opportunity to prefer an appeal under schedule 1 of clause 29(i) of minimum features of a Rural Employment Guarantee Scheme referable to Section 4(3) of MANREGA, 2005 and such an appeal could be made to the State Commission (NREGS), Divisional Commissioner (NREGS) and State Grievance Redressal Officer and according to him petitioner should first exhaust this remedy. Learned counsel for the petitioner in reply submits that time period prescribed is 45 days and since the order was passed on 12.03.2025, the said period has already come to an end. In the circumstances, therefore, he cannot avail the remedy available under the laws. In such above view of the matter and considering the facts and circumstances of the case, where the petitioner claims that he discharged his duties to the best of his ability and he has been the only appointee who has been fired by the department, I consider it appropriate for the petitioner to move an appeal before the competent authority as prescribed for under the relevant clause 29(i) of the Minimum Features of Rural Employment Guarantee Scheme within a period of three weeks from today and in the event he makes such an appeal, as directed herein above, the appellate authority shall look into and consider the appeal of the petitioner and take a final decision upon such appeal within a maximum period of one month of presentation of certified copy of this order. With the aforesaid observations and directions, this petition stands disposed of. Order Date :- 20.5.2025 IrfanUddin Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad