Writ petition concerning termination of petitioner's services. Court allowed representation to higher authority per departmental rules and disposed of petition.
Petitioner directed to make representation before Director within 45 days; Director to decide within three months.
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Court No. - 28
Case :- WRIT - A No. - 8140 of 2009 Petitioner :- Smt. Seeta Devi Respondent :- State Of U.P. & Others Counsel for Petitioner :- B.N. Singh,A.D. Prakash,Ashok Kumar Rai,H.P. Pandey,Pushpa Singh
Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
Heard Sri Ashok Kumar Rai, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
The petitioner was appointed as Aganbadi Karyakarti on 07.02.2007. Her services were terminated by order dated 23.01.2009 passed by the Bal Vikas Pariyojna Adhikari, Month, District Jhansi.
The submission of learned counsel for the petitioner is that Bal Vikas Pariyojna Adhikari, Month, District Jhansi did not have the jurisdiction to pass the order of termination. The termination of Aganbadi Karyakarti cannot be made by district level officers. The termination can only be made after the approval of Director, Bal Vikas Evam Pushtahar, Government of U.P., Lucknow. He relies on the department circular dated 18.07.2009 which mandates that the district level officers cannot terminate the services of Aganbadi Karyakarti on their own accord. The recommendation of any action against an Aganbadi Karyakarti has to be forwarded to the Director, Bal Vikas Evam Pushtahar, Government of U.P., Lucknow. If there is no approval forthcoming from the Director, Bal Vikas Evam Pushtahar, no order of termination can be passed against an Aganbadi Karyakarti. The Bal Vikas Pariyojna Adhikari of the district can pass orders of termination only after an approval from the Director, Bal Vikas Evam Pushtahar, Government of U.P., Lucknow
The matter is pending since the year 2009. Learned counsel for the petitioner further submits that the order has been passed in violation of principles of natural justice.
No counter affidavit has been filed till date.
No fruitful purpose will be served by keeping this writ petition pending.
The petitioner shall make a representation against the order of termination before the Director, Bal Vikas Evam Pushtahar, Government of U.P. Lucknow along with relevant government orders on which reliance has been placed. The representation shall be made within a period of 45 days. The Director, Bal Vikas Evam Pushtahar, Government of U.P. Lucknow shall decide the representation by a reasoned and speaking order in the light of the applicable government orders within a period of three months from the date of receipt of a certified copy of the order along with representation.
The writ petition is disposed of.
Order Date :- 14.9.2018 Pravin
1 issue framed by the court
Whether the termination of the petitioner's services by the district officer was without jurisdiction in violation of departmental circulars.
Smt. Seeta Devi
State Of U.P.
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
