Court No. - 58
Case :- WRIT - A No. - 39056 of 2016 Petitioner :- Smt. Prabha Devi Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Chaudhary Subhash Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by the order dated 16.02.2016; whereby, her claim for promotion to the post of Mukhya Sevika has been rejected.
It appears that petitioner had earlier approached this Court by filing Writ A No. 63748 of 2008, which was disposed of vide following orders passed on 29.10.2015:-
"Heard learned counsel for the petitioner and the learned Standing Counsel.
Having considered the facts and circumstances of the case, a direction is issued upon the respondent no. 2 to consider the petitioner's promotion in the light of the rules mentioned above. In case, she fulfils necessary qualification in terms of the rule, she would be entitled for her promotion in accordance with law. The said exercise shall be completed within three months.
In view of the aforesaid, the writ petition is finally disposed of."
It is pursuant to this order that petitioner's claim was considered and rejected by the order impugned. The order records that petitioner has scored 26 marks; whereas, the last person selected on the post in question had secured 30 marks. The order is challenged on the ground that 5 marks have been denied to the petitioner on account of the fact that she is a dependant of freedom fighter. Except to state that petitioner was entitled to five marks being the dependant of the freedom fighter, neither any rule has been shown, nor any Government Order has been placed before this Court at the time of argument, which may go to show that five additional marks were liable to be allowed to the petitioner on account of her being a dependant of freedom fighter. Placing of reliance upon the Government Order dated 25.06.2009 would not be of any assistance; in as much as, it merely states the provisions of the Rules relating to grant of reservation to the dependant of freedom fighter be strictly enforced. In absence of any material having been shown, which may go to show that petitioner is entitled to additional marks on account of her being a dependant of freedom fighter, no infirmity in the order under challenged could be shown.
The writ petition is, accordingly, dismissed.
Order Date :- 21.8.2018 Amit Mishra