This court dismissed a writ petition challenging a Gram Panchayat resolution discontinuing the petitioner's engagement as a Gram Rojgar Sewak. The denial was based on a government order reserving the post for women, despite the petitioner having been selected as a male candidate.
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Court No. - 58
Case :- WRIT - A No. - 11717 of 2018
Petitioner :- Sohan Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Gauri Shankar Yadav,Mukesh Kumar Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava
Hon'ble Ashwani Kumar Mishra,J.
A resolution passed by the Administrative Committee of the Gram Panchayat, Rampur Saidpur, dated 27.5.2017 is challenged in this petition, whereby petitioner's engagement as Gram Rojgar Sewak has been discontinued. The order records that by virtue of govt. order dated 23.11.2007 the engagement of Gram Rojgar Sewak has to be from the same category for which the post of Village Pradhan is reserved. It is stated that the post of village Pradhan of the concerned village was resorted for a female candidate, whereas petitioner has been selected, although he is male, contrary to the govt. order. Apart from other reasons this ground has been taken to discontinue petitioner's engagement.
Perusal of the record would go to show that petitioner had earlier approached this Court by filing Writ Petition No.58818 of 2016, which was allowed on 22.12.2016 vide following orders:-
"The petitioner's engagement on the post of Gram Rozgar Sewak has been discontinued by the resolution dated 27.02.2016 on the ground that the petitioner had obtained appointment on the said post by submitting forged documents of his residence. It is contended that the petitioner's name finds place in the voter list of another village and, therefore, the Gram Pradhan and one member of the Administrative Committee had submitted a proposal for dispensing with the services of the petitioner. This proposal was seconded by one Harish Chandra in the meeting of Gram Panchayat held on 27.02.2016. However, the resolution of the said meeting of Gram Panchayat dated 27.02.2016 does not record that any enquiry has been conducted regarding the alleged forgery committed by the petitioner. No report whatsoever of the Tehsildar ascertaining the allegation against the petitioner has been called for. This apart, no opportunity of hearing was granted to the petitioner nor any notice has been served asking him to explain the allegation levelled against him.
Keeping in view of these circumstances, the order dated 27.02.2016 is found illegal on the face of it and is hereby quashed. The writ petition is allowed.
However, it is open for the respondent no.3 namely the Gaon Sabha, Gram Rampur Saidpur, District Mainpuri to take an appropriate action against the petitioner after giving due opportunity of hearing as per the Government order dated 23.11.2007."
It is pursuant to the direction issued by this Court that the Gram
Panchayat has conducted its meeting in which the impugned decision has been taken. It is also relevant to note that this Court while allowing the petition had directed the Gram Panchayat to take decision in terms of the govt. order dated 23.11.2007. It is this govt. order which is relied upon to nonsuit the petitioner.
Learned counsel for the petitioner although has made various submissions, but no illegality has been shown in the resolution as the post of village Pradhan is reserved for female candidate and the engagement of Gram Rojgar Sewak to be from the same category. In such circumstances, no infirmity in the resolution dated 27.5.2017 is shown, which may warrant interference of this Court.
Writ petition is, accordingly, dismissed.
Order Date :- 6.7.2018 Ashok Kr.
2 issues framed by the court
Whether the resolution of Gram Panchayat discontinuing petitioner's engagement is infirm.
Whether petitioner's selection contravening the government order regarding reservation of female candidates for Gram Rozgar Sewak warrants quashing.
Sohan Singh
State Of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
