SPLA/633/2005 of SMT. SUSHILA DEVI Vs STATE OF U.P. and OTHERS on 25 November 2010

Conclusion

Case :- SPECIAL APPEAL No. - 633 of 2005

Petitioner :- Smt. Sushila Devi

Respondent :- State Of U.P. & OthersPetitioner Counsel :- Namwar Singh,Sanjeev SinghRespondent Counsel :- C.S.C.

Hon'ble Rakesh Tiwari,J.Hon'ble Ran Vijai Singh,J.

The appellant happens to be Anganbari Karyakarti and has filed this appeal against the judgment and order dated 28.4.2005 by which the writ petition was dismissed as not maintainable in view of the decision of this Court in Smt. Saroj Singh Vs. State of U.P. and others 2000 (2) E.S.C. 1263 and Smt. Sunaina Singh Vs. District Magistrate, Mau and others, 2003 ESC 20339.

Recently, the Full Bench has taken the view that the writ petition is maintainable in respect of the dispute with regard to the services of Anganbari Karyakarti in Sheela Devi and another Vs. State of U.P. and others2010 (4) ALJ 485.

In view of the Full Bench decision of this Court, the special appeal succeeds and is allowed. The judgment and order dated 28.4.2005 impugned in this appeal is set-aside.

Let this writ petition be placed before the appropriate Court for decision on merit.

Order Date :- 25.11.2010Pratima