MONI DEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition has been filed by the petitioner praying for issuance of a Mandamus commanding the respondents to forthwith grant appointment to her on a Class - IV post on compassionate grounds.

(2.) The facts as have been stated in the writ petition and as argued by the learned counsel for petitioner, Mr. Siddharth Khare, are to the effect that on 01. 03. 2008 the government had sanctioned one post of Safai Karmi for every Gram Panchayat in the State in the pay scale of Rs. 2550-3200/-. The said government order dated 01. 03. 2008 was subsequently modified by another government order dated 11. 04. 2008 providing that the Safai Karmi was to be appointed by District Panchayat Raj Officer of the concerned District and would be a government employee working under the Panchayat Raj Department of the State and not an employee of the Gram Panchayat concerned.

(3.) In pursuance of the government order dated 11. 04. 2008 another government order was issued on 06. 06. 2008 prescribing the procedure for recruitment and conditions of service of such Safai Karmi and directing that the same will be governed by Group-D Rules, 1985 as amended from time to time. The District Panchayat Raj Officer, Mirzapur thereafter issued an advertisement on 16. 06. 2008 inviting applications for filling up the posts of Safai Karmi in District Mirzapur. Such Safai Karmi were to be given status of Class - IV employees of the Panchayat Raj Department of the State. Shri Santosh Kumar Yadav, husband of the petitioner, being fully qualified and eligible, applied and was selected in the select list published in the newspaper on 15. 09. 2008. Instead of issuing appointment letters thereafter, the District Magistrate, Mirzapur cancelled the entire selection proceedings by an order dated 2 09. 2008.