INDU MEHTA Vs. STATE OF U P

JUDGEMENT

(1.) Km. Indu Mehta, an Advocate practising at District Court, Kanpur, feeling aggrieved by the order dt. 21st May, 1985 endorsed to her by the Additional District Magistrate, Kanpur Dehat vide communication dated 28th May, 1985, consequential orders of District Magistrate, Kanpur Dehat dt. 7th June, 1985 and 3rd April, 1986, true copies whereof have been appended to her petition as Annexures 'II', 'IV' and 'V' has approached this Court for redressal under Art.226 of the Constitution.

(2.) The facts, in brief, giving rise to the controversy raised in the instant petition are as follows :- The petitioner was initially appointed as a panel lawyer (Criminal) in the year 1978. Thereafter in May, 1980 she was appointed as Assistant District Government Counsel (Criminal) for the district of Kanpur Dehat and took over the charge of the said assignment on 16th June, 1980. In the year 1982 the post of Assistant District Government Counsel (Criminal), formerly held by one Sri Brij Mohan Kaul, fell vacant.

(3.) To fill up the aforesaid vacancy the candidature of several Advocates was under consideration by the District Judge, Non-metropolitan area, Kanpur and the District Magistrate, Kanpur Dehat. In the list of the candidates prepared by the District Judge, Non-metropolitan area, Kanpur the name of the petitioner was at the top. The District Magistrate, Kanpur Dehat, also concurred with the recommendation of the District Judge and recommended the name of the petitioner for appointment on the post of Assistant District Government Counsel (Criminal), Kanpur Dehat by means of his letter dt. 31st Dec. 1982, addressed to the Deputy Legal Remembrancer, Government of Uttar Pradesh, Nyaya Mantrana Anubhag, Lucknow, a true copy whereof is Annexure 'I' to the petition. In the concluding part of his letter it is stated that Km. Indu Mehta would function as Assistant District Government Counsel (Criminal), Non-metropolitan area, Kanpur in anticipation of the approval and till final orders were passed by the Government. A copy of this letter was endorsed to the petitioner also for information and necessary action.