SUNITA Vs. STATE OF U P
LAWS(ALL)-2014-1-392
HIGH COURT OF ALLAHABAD
Decided on January 02,2014

SUNITA Appellant
VERSUS
STATE OF U P Respondents

JUDGEMENT

- (1.) THIS petition seeks the quashing of the order dated 15th January, 2013 by which the representation filed by the petitioner for payment of remuneration for the post of Angan Badi Sahayika has been rejected by the Child Development Project Officer.
(2.) THE decision was taken by the said officer pursuant to the directions issued by the Court on 22nd November, 2012 in Writ Petition No.60445 of 2012 and while rejecting the representation, the following points have been noted : - 1. The petitioner had submitted an application on 11th June, 2011 for selection as Angan Badi Sahayika as a candidate belonging to the General category for Ward No.10. 2. The Selection Committee did not recommend the name of the petitioner and even on the application form the members of the Selection Committee had made a remark that she had not been selected. 3. The post of Angan Badi Sahayika was reserved for OBC category candidate. 4. The list of the selected candidates which was forwarded by the Child Development Project Officer to the District Magistrate did not contain the name of the petitioner but still an appointment order dated 25th June, 2011 was issued by the then Child Development Project Officer for appointment of the petitioner. 5. Remuneration was paid to the petitioner only for four months from July, 2011 to October, 2011 and her name was deleted when these facts came to the notice of the officer.
(3.) LEARNED counsel for the petitioner submitted that in fact one post of Angan Badi Sahayika for the general category candidate had also been advertised along with the post for the OBC category candidate and as the petitioner had been selected in accordance with law, she is entitled for payment of remuneration. It is not possible to accept this contention of learned counsel for the petitioner. The petitioner has not placed on record the advertisement to substantiate that two posts including that for General category candidate were advertised for Ward No.10. The impugned order specifically mentions that the post of Angan Badi Sahayika for Ward No.10 was reserved for OBC category candidate and in case the petitioner wanted to assail this finding, the advertisement should have been brought on record.;


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