Court No. - 3
Case :- WRIT - A No. - 17422 of 2019 Petitioner :- Smt. Rama Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shriman Narayan Tiwari Counsel for Respondent :- C.S.C.,Ashish Kumar Srivastava,Ram Bilas Yadav Hon'ble Saral Srivastava,J. Order on Order Sheet.
Petitioner is permitted to implead Director Midday Meal Authority, Lucknow as respondent no.5 and Block Education Officer, Pinahat, District Agra as respondent no.6 during the course of the day.
Order on Writ Petition.
Heard learned counsel for the parties.
At the very outset, learned counsel for the respondents raised preliminary objection about the maintainability of the writ petition and submitted that appointment of cook in primary schools under mid day meal scheme is governed by Government order dated 24.04.2010 which provides provision for appeal in the matter of selection before the Assistant Basic Education Officer/City Education Officer, which is now named as Block Education Officer. Therefore, petitioner has remedy to approach the Block Education Officer against her grievance, which could not be disputed by learned counsel for the petitioner.
Under such facts and circumstances of the case, writ petition is disposed of with liberty to the petitioner to approach newly impleaded respondent No. 6 by filing representation within two weeks from today. In case any such representation is filed, respondent No. 6 shall consider and decide the same on merit without going into the question of limitation within a period of four weeks from the date of receiving of representation along with certified copy of this order.
It is made clear that Court has not adjudicated the case on merits and it is upon the respondent No. 6 to decide the representation of the petitioner after considering the relevant Rules as well as Government Orders occupying the filed.
Order Date :- 27.11.2019/Sattyarth