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Smt. Shashi Singh And Others v. State Of U.P. And Others - WRIT - A No. 23880 of 2007 [2007] RD-AH 9700 (21 May 2007)


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Civil Misc. Writ Petition   No.  23880  of    2007

Smt. Shashi Singh & others ....................................    Petitioners


State of Uttar Pradesh & others   .......................          Respondents


Hon'ble Ashok Bhushan, J.

The dispute relates in this writ petition relates to the selection and appointment of Anganwari Karyakatri  / Sahaika of Block Mohammadabad district Ghazipur.

By an order dated 6.11.2006 passed by the respondent no. 1,  the selection of the petitioners  have been cancelled which was communicated by the Bal Vikas Pariyojana Adhikari, Block Mohammadabad, District  Ghazipur, respondent no. 5, vide order dated  11.11.2006.  Aggrived by the said orders the petitioners, who are 38 in number, have filed this writ petition.

I have heard learned counsel for the petitioners as well as learned standing counsel appearing for the respondents.  Learned counsel for the parties state  that in an identical case ( being Civil Misc. Writ Petition No. 69131 of 2006) relating to the selection of Anganwari Karyakatri  Sahayika in Block Jamaniya, District Ghazipur, this Court has passed a detailed order on 2.4.2007 and this writ petition can also be disposed of in terms of the said order.  After holding that the cancellation of the petitioners selection on the respective posts of Anganwari Karyakatri / Sahayika needs to be reconsidered, this Court partly allowed the said writ petition with the following directions :-  

" Each individual petitioner who still remains aggrieved, may file a comprehensive representation before the District Magistrate, Ghazipur, while making such representation, besides stating their cases, they shall meet the specific ground on which their  appointment has been cancelled, which has been stated in the individual case of each petitioner vide order dated 6.11.2006.  They may also file their relevant documents in support of their case.  The District Magistrate shall thereafter, either himself or through some other competent officer who may not be below the rank of Additional District Magistrate , enquire into the matter.  While  making such enquiry, the said officer shall obtain the report from the Child Development Project Officer and the District Programme Officer of the concerned Block and thereafter shall pass appropriate reasoned order, in each individual case, on the representation of the petitioners as expeditiously as possible, preferably within three months from the date of production of a certified copy of this order  before the District Magistrate, Ghazipur, Respondent no. 3.  It is made clear  that each petitioners may not be required to be given personal hearing unless so required by the District Magistrate or the officer inquiring into the matter.  However,  the said officer shall meet the grounds mentioned in the representations while passing the order.

In view of the fact that while entertaining this writ petition,vide order dated 19.12.2006 it had been directed that " any action taken during this period, same shall abide by final orders  to be passed by this Court ",  It is provided that in case if any other person has already been given appointment as Anganwari Karyakatri  / Sahayika on which post the petitioners claim to be   entitled to, the authority shall  pass order only after giving show cause notice to the said selected candidate.  

This writ petition stands partly allowed to the extent indicated above. No order as to cost."

Accordingly, with consent of the learned counsel for the parties, this writ petition stands disposed of in terms of and directions issued vide judgement and order dated 2.4.2007 in writ petition No. 69131 of 2006 Smt. Shashi Kala Dubey and others Vs.  State of Uttar Pradesh & others.

No order as to cost.




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