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Smt. Dewanti Devi v. State Of U.P. & Others - WRIT - A No. 26395 of 2007  RD-AH 10437 (5 June 2007)
Hon. Dilip Gupta, J.
The petitioner has sought the quashing of the order dated 11th May, 2007 that has been passed by the Bal Vikas Pariyojana Adhikari cancelling her appointment as Aanganwari Worker.
The records of the writ petition indicate that earlier private respondent no. 6 Smt. Kiran Rai had been appointed as Aanganwari Worker but her appointment was cancelled by the order dated 23rd November, 2006 on the ground that the income certificate submitted by her appeared to be doubtful and fabricated. This order was challenged by Smt. Kiran Rai by filing Writ Petition No. 12189 of 2007. The said petition was allowed by means of the judgment and order dated 29th March, 2007 and the order dated 23rd November, 2006 was quashed. It was further directed that she would continue to function as Aanganwari Karyakarti in terms of her appointment given on 26th August, 2006. The petitioner had been functioning as Aanganwari Karyakarti as the appointment of Smt. Kiran Rai had been cancelled but as the cancellation order was set aside by this Court, the petitioner has been asked not to function as Aanganwari Karyakarti.
Learned counsel for the petitioner contended that the petitioner was entitled to continue as Aanganwari Karyakarti and the order dated 11th May, 2007 is liable to be set aside.
The contention of the learned counsel for the petitioner cannot be accepted as once the order dated 23rd November, 2006 by which the appointment of Smt. Kiran Rai had been set aside by this Court in Writ Petition No. 12189 of 2007, the petitioner could not have functioned as Aanganwari Karyakarti as she had been appointed on account of the vacancy arising out of the cancellation of the appointment of Smt. Kiran Rai.
The writ petition is misconceived and it is, accordingly, dismissed.
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