JUDGMENT

Heard Sri S.K. Verma, learned counsel for the appellant and learned State Counsel representing the State-respondents.

2. The proceedings of this Special Appeal filed under Chapter VIII Rule 5 of the Rules of the Court have been instituted by the appellant-petitioner questioning the validity of the order dated 07.10.2020, passed by the learned Single Judge in Writ Petition No.6798(SS) of 2019 which has been dismissed by observing that there is no illegality in the order dated 10.08.2018 which was challenged by the appellant-petitioner in the said writ petition.

3. We may note that by means of the order dated 10.08.2018, which was challenged by the appellant-petitioner before the learned Single Judge, her claim for counting services rendered by her from. 08.09.1987 till 17.01.2008 on the post of Anganwari Worker for the purposes of promotion to the post of Mukhya Sevika has not been acceded to.

4. The question, thus, which falls for our consideration in this Special Appeal is as to whether services rendered by the appellant-petitioner on the post of Anganwari Worker from 08.09.1987 to 17.01.2008 are to be reckoned for the purposes of granting her promotion to the post of Mukhya Sevika in terms of Service Rules know as U.P. Bal Vikas Evam Pushtahar (Subordinate) Service Rules, 1998 (herein after referred to as 'Service Rules, 1998').

5. Undisputed facts of the case are that the appellant-petitioner was appointed on the post of Anganwari Worker at Child Development Project, Paniyara, District Gorakhpur (at present district Maharajganj). The State Government issued a Government Order on 12.04.2007 whereby it was provided that in case any vacancy on the post of Anganwari Worker is available under the Nyaya Panchayat where Anganwari Worker lives after her marriage, such Anganwari Worker shall be adjusted against the vacancy falling in the Nyaya Panchayat where she goes after marriage.

6. The appellant-petitioner made an application seeking benefit of the said Government Order dated 12.04.2007 on the ground that she was married at Lucknow and accordingly she should be adjusted against the vacancy available at Lucknow. When the prayer made by the appellant-petitioner was not being paid any heed to, she instituted Writ Petition No.6592(SS) of 2007 which was finally disposed of by this Court by means of an order dated 11.10.2007 directing the authority concerned to consider the case of the appellant-petitioner for adjustment at Lucknow in the light of the Government Order dated 12.04.2007 before any fresh appointment is made on the post of Anganwari Worker at Lucknow.

7. The Law Officer in the Directorate of Bal Vikas Sewa Evam Pushtahar, U.P. Lucknow directed the District Programme Officer, Lucknow/Maharajganj vide his letter dated 08.11.2007 to ensure compliance of the order dated 11.10.2007, passed by this Court. However, the order dated 11.10.2007, passed by this Court remained un-complied with.

8. In the meantime, the appellant-petitioner made an application for her appointment to the post of Anganwari Worker in a vacancy available at Child Welfare Project, Aliganj, Lucknow. The appellant-petitioner pursuant to her application was selected and by means of order dated 19.12.2007 she was appointed as Anganwari Worker in the office of Child Development Project Officer, Aliganj, Lucknow.

9. It is relevant to note that before the appellant-petitioner was appointed at Lucknow, vide order dated 19.12.2007, this Court by means of the order dated 11.10.2007 had already directed the competent authority to take dec