Allahabad High Court High Court

Smt.Geeta Devi vs State Of U.P.Through … on 12 July, 2010

Allahabad High Court
Smt.Geeta Devi vs State Of U.P.Through … on 12 July, 2010
Court No. - 6

Case :- SERVICE SINGLE No. - 4606 of 2010

Petitioner :- Smt.Geeta Devi
Respondent :- State Of U.P.Through Its.Secy.Bal Vikas Evam
Pushtahar Lko..
Petitioner Counsel :- G.K.Pandey,R.R.Pandey
Respondent Counsel :- C.S.C.

Hon'ble Shabihul Hasnain,J.

Heard Sri G.K.Pandey, learned counsel for the petitioner and
learned Standing counsel for the opposite parties.

Case of the petitioner is that she was appointed as
AnganwariKaryakartri/Assistant on 12.1.2009 vide annexure-2 by
Bal Vikas Pariyojana Adhikari. This is clear from annexure No.2
that Bal Vikas Pariyojana Adhikari is the appointing authority of
the petitioner. By the impugned order dated 28.5.2010 the said Bal
Vikas Pariyojana Adhikari has stopped the honorarium of the
petitioner because of the direction from District Programme
Officer not to take work from the petitioner. The appointing
authority has stopped the honorarium and has denied the work to
the petitioner. The impugned order has been passed without
application of mind on the directives of some other officer. The
appointing authority was expected to look into the matter and
reach some conclusion by his own and only then such an order
could have been passed.

Learned Standing counsel has tried to justify this order and he
prays for and is granted four weeks for filing counter affidavit.
Rejoinder affidavit may be filed within a week thereafter.

List immediately thereafter.

Meanwhile, the operation and implementation of the order dated
28.5.2010 so far it relates to the petitioner, shall remain stayed.

Order Date :- 12.7.2010

RKM.