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Smt. Archana Malviya v. State Of U.P. And Others - WRIT - A No. 4825 of 2007 [2007] RD-AH 1554 (31 January 2007)


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Court No. 38

Civil Misc. Writ Petition No. 4825 of 2007

Smt. Archana Malviya


State of U.P and others

Hon'ble V.K.Shukla,J.

Petitioner was offered appointment as Aanganbari Karyakatri by virtue of being widow lady. Petitioner continued to perform and discharge duties as Aanganbari Karyakatri. During continuance of her appointment as Aanganbari Karyakatri petitioner remarried. Contention of petitioner is that in spite of fact that she remarried she is still residing in village vyaspur and is not at all residing with her husband at his residence as he is poor and an unemployed incumbent. Notice has been issued to the petitioner to produce evidence qua her residence to which petitioner has submitted voluminous documents to substantiate that she is still residing at village Vyaspur. This fact has been noted in the impugned order but same has not all been adverted to nor any positive finding of fact has been returned on this aspect of the matter and impugned order in question has been passed.

Impugned order in question reflect that inquiry has been made from petitioner qua her residence and petitioner has submitted documentary evidence of her residence and said documents have been noted down. Complaint has been made that appointment of the petitioner has been made on the basis of being widow lady and after her remarriage, petitioner is not at all resident of said village. Fact of the matter is that in the impugned order no finding has been recorded as to what is the place of residence of the petitioner and where she is residing. Entire material and circumstances have been sought to be noted but on this crucial and important aspect of the matter as to where petitioner is residing the order is completely silent .

Consequently order dated 27.10.2006 passed by Bal Vikas Pariyojana Adhikari Chiraigaon Varanasi, is hereby quashed and set aside. However passing of this order will not prevent the aforementioned authority from passing of fresh order in accordance with law.

For the reasons stated above, present writ petition is allowed and disposed of.





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