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2016 DIGILAW 24 (HP)

Swaran Lata v. State of Himachal Pradesh

2016-01-02

MANSOOR AHMAD MIR, TARLOK SINGH CHAUHAN

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JUDGMENT : Mansoor Ahmad Mir, Chief Justice (Oral) Subject matter of this appeal is the judgment and order, dated 19.08.2015, made by the learned Single Judge in CWP No. 4423 of 2013, titled as Ms. Swaran Lata versus State of Himachal Pradesh and others, whereby the writ petition filed by the writ petitioner-appellant came to be transferred to the H.P. State Administrative Tribunal (for short "the Tribunal) (hereinafter referred to as "the impugned judgment"). 2. The grievance projected in this appeal is that the post of Anganwari Worker is not a civil post and the Tribunal has no jurisdiction to entertain such cases. 3. The post of Anganwari Worker is not a civil post in view of the law laid down by the Apex Court in the case titled as State of Karnataka and others versus Ameerbi and others, reported in (2007) 11 Supreme Court Cases 681. 4. Having said so, the impugned judgment is set aside and the appeal is allowed and the writ petition is ordered to be restored to its original number. 5. List the writ petition for hearing before the learned Single Judge, having the Roster, on 1st March, 2016. 6. Send for the record from the Tribunal. 7. Registry is directed to convey the order to the Tribunal. 8. Pending applications, if any, are also disposed of accordingly.