ORDER

The instant Petition under article 226 of the Constitution of India had been filed by the Petitioner being aggrieved by the advertisement dated 20/01/2023 issued by Respondent No.3, whereby applications are invited for the post of Aanganwadi Karyakarta/Sahayika from the eligible candidates, which includes the post of Aanganwadi Upkaryakarta at Kolaras Gramin, where the Petitioner was working but vide order dated 05/08/2019 she was removed from service, which she had challenged in W.P. No. 23263/2019, which is pending, thus directions were sought that till the decision of the above Writ Petition no new appointments be made on her posts.

2.Brief facts of the case are that the Petitioner was selected on the post of Aanganwadi Upkaryakarta in the year 2016 and since then she was working on the said post till her removal vide order dated 05/08/2019, due to registration of an offence u/s 7 of the Prevention of Corruption Act. The said order of her termination was challenged in Writ Petition No.23263/2019, which is pending and during the pendency of the above Writ Petition, the advertisement dated 20/01/2023 was issued for filling up the post of Aanganwadi Upkaryakarta at Kolaras Gramin centre, against which the present petition had been filed.

3.Ld. Counsel for the Petitioner vehemently argued that great prejudice would be caused to the Petitioner if someone else is appointed on her post in pursuance to the advertisement dated 20/01/2023, therefore, it is incumbent to restrain the Respondents from inducting anyone on the post of the Aanganwadi upkaryakarta at Kolaras Gramin centre, on which the Petitioner was posted and at present is under challenge in W.P. No. 23263/2019 and if the Petitioner succeeds the entire exercise in pursuance to the advertisement would become futile, thus, prayed for quashment of the advertisement dated 20/01/2023.

4.Per Contra Ld. Government Advocate on advance notice submitted that in the earlier Writ Petition No. 23263/2019 there is no stay nor the seat which had fell vacant due to termination of services of the Petitioner in the year 2019 itself can be kept vacant for indefinite period and therefore, the prayer made by the Petitioner cannot be acceded to and also since as per the averments made in the Petition, with regard to the same post at Kolaras Gramin a Writ Petition No. 23263/2019 is already pending and since there is no stay, this Petition for indirectly getting the interim relief in the earlier Petition is not maintainable, thus, prayed for its dismissal.

5.Heard the Counsel for the parties and perused the record. Admittedly, the Petitioner who was working on the post of Aanganwadi Upkaryakarta since the year 2016, was removed from service in the year 2019 in consequence of some criminal offence registered against her u/s 7 of the Prevention of Corruption Act and thereafter the post was lying vacant. A Writ Petition had been preferred by the Petitioner against her termination, but there is no order of any kind of stay or other interim relief in favour of the Petitioner and it appears that under the garb of this fresh petition, she wants to seek relief which she wanted in the earlier petition, which doesn’t appears to be reasonable and proper.

6.Even other wise if the present petition is analysed in its entirety, there is no merits and therefore no interference is required in the matter, the Petitioner devoid of any substance is here by dismissed .

7.However, the Petitioner is at liberty to raise this issue, being a subsequent event in the pending Writ Petition No. 23263/2019 and the order passed in this Petition would not come in way in agitating her grievance in the aforesaid matter. (Milind Ramesh Phadke) Judge neetu