Court No. - 5
Case :- WRIT - A No. - 9580 of 2021 Petitioner :- Mamta Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Pankaj Kumar Asthana Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Dr. Amarnath, learned Standing Counsel for the respondents.
The petitioner, by means of this writ petition, has assailed the order dated 25.06.2021 passed by the respondent no.4-District Programme Officer, Sonebhadra, by which respondent no.6- Smt. Shiv Kumari, who is an Anganwadi Karyakatri at Anganwadi Centre Karamghatti Vikas Khand Bamni, has been adjusted/absorbed at Anganwadi Centre Shishtola with the order of approval of the District Magistrate dated 25.06.2021, The petitioner claims to be the resident of Village Shishtola, Post Bachara, Block-Babhani, District Sonebhadra and has challenged the absorption of respondent no.6 at Anganwadi Centre Shishtola on the ground that Clause 10 (1) of Government Order dated 29.01.2021 is not attracted in the present case.
Learned counsel for the petitioner submits that the absorption of respondent no.6-Smt. Shiv Kumari at Anganwadi Centre Shishtola has been done illegally, and had the vacancy been available, the petitioner would have applied being eligible for appointment as Anganwadi Karyakatri.
Learned counsel for the respondents would contend that the petitioner has no locus to file the present writ petitioner as she is not aggrieved by the impugned order dated 25.06.2021 passed by respondent no.4. He submits that it is domain of the administrative authorities in the interest of Centre to absorb any Anganwadi Karyakatri at any Anganwadi Centre in accordance with law.
Be that as it may, petitioner is an outsider and resident of Village Shishtola where the respondent no.6-Smt. Shiv Kumari has been absorbed. The petitioner is not aggrieved by the order of absorption of respondent no.6. It is the exclusive domain of the authorities to absorb any Anganwadi Karyakatri at any Anganwadi Centre in accordance with law for the better and smooth functioning of the Centre.
Since, the petitioner is not aggrieved by the order dated 25.06.2021 passed by the respondent no.4-District Programme Officer, Sonebhadra. The writ petition is not maintainable. It is, accordingly, dismissed.
Order Date :- 12.8.2021 NS