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2025 DIGILAW 1053 (HP)

Sujata Devi v. State of Himachal Pradesh

2025-05-19

JYOTSNA REWAL DUA

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JUDGMENT : Jyotsna Rewal Dua, J. 1. Petitioner is presently serving as Anganwari Helper at Anganwari Centre Kashpo, District Kinnaur. She feels aggrieved by transfer of respondent No.5 (Smt. Tara Devi) as Anganwari Worker from Anganwari Centre Rakchham, District Kinnaur to Anganwari Centre Kashpo, District Kinnaur. Petitioner’s case is that respondent No.5 could not have been transferred as Anganwari Worker at Anganwari Centre Kashpo and instead it was the petitioner, who was to be given first opportunity to be appointed as Anganwari Worker at Anganwari Centre Kashpo in terms of notification dated 19.06.2010. 2. From the joint submissions made by learned counsel for the parties, the position that emerges is as under:- (i) Petitioner was appointed to the post of Anganwari Helper at Anganwari Centre Kashpo, District Kinnaur on 06.08.2000. She has by now completed more than 24 years of service at this Anganwari Centre as Anganwari Helper. A post of Anganwari Worker fell vacant at Anganwari Centre Kashpo on 30.04.2024. (ii) The respondents issued a notification on 19.06.2010, amending the guidelines for the appointment of Anganwari Workers/Helpers under ICDS Programme in Himachal Pradesh notified on 05.10.2009 and 08.01.2010. Under the amendment carried out in terms of notification dated 19.06.2010, inter alia, proviso to Rule 5 was added, which reads as under:- “Rule 5 i.e. Advertisement of Vacancies:- Following provision to be added:- Provided, where the post of AWW has fallen vacant due to any reason and the matter is not sub judice the Anganwadi Helper shall be given first opportunity to be appointed as Worker if, she fulfills the minimum prescribed educational qualification for AWWs and no advertisement will be required.” As per the above proviso, if in an Anganwari Centre, post of Anganwari Worker falls vacant due to any reason and the matter is not sub-judice, then the Anganwari Helper working in the said Anganwari Centre shall be given first opportunity to be appointed as Anganwari Worker, provided she fulfills the minimum prescribed educational qualification for appointment to the post of Anganwari Worker. No separate advertisement in this regard would be required. (iii) As noticed earlier, the petitioner was working as Anganwari Helper at Anganwari Centre Kashpo. It is not in dispute that the petitioner possessed minimum prescribed educational qualification for appointment as Anganwari Worker. No separate advertisement in this regard would be required. (iii) As noticed earlier, the petitioner was working as Anganwari Helper at Anganwari Centre Kashpo. It is not in dispute that the petitioner possessed minimum prescribed educational qualification for appointment as Anganwari Worker. In terms of proviso to Rule 5 of the Scheme for appointment of Anganwari Workers/Helpers, the petitioner was to be given first opportunity to be appointed as Anganwari Worker at Anganwari Centre Kashpo. Instead of giving the petitioner the aforesaid opportunity, to which she was entitled to under notification dated 19.06.2010, the official respondents transferred respondent No.5-Smt. Tara Devi from Anganwari Centre Rakchham, District Kinnaur to Anganwari Centre Kashpo. (iv) Respondent No.5-Smt. Tara Devi was resident of Rakchham, District Kinnaur and had solemnized marriage with one Sh. Subhash Chand S/o Sh. Daya Ram, resident of Village Kashpo on 19.08.2004. Respondent No.5 had been serving as Anganwari Worker at Anganwari Centre Rakchham prior to her marriage. It appears that on becoming aware of vacancy of Anganwari Worker at Anganwari Centre Kashpo, respondent No.5 applied for her transfer against that post on 24.05.2024. (v) The record produced by the respondents during hearing of the case reveals that the official respondents though had been considering the case of the petitioner for her appointment/promotion as Anganwari Worker at Anganwari Centre Kashpo, but on the basis of a D.O. note dated 13.06.2024, one Smt. Babita Devi, serving as Anganwari Worker at Anganwari Centre Kharogla, was ordered to be transferred to Anganwari Centre Karchham, District Kinnaur and to accommodate said Smt. Babita Devi, respondent No.5-Tara Devi, was transferred from Anganwari Centre Karchham to Anganwari Centre Kashpo, District Kinnaur. The consequence of above was that the petitioner continued to serve as Anganwari Helper at Anganwari Centre Kashpo. It is in the aforesaid background that the petitioner preferred this writ petition on 18.07.2024, seeking direction to the respondents to give her appointment/promotion to the post of Anganwari Worker at Anganwari Centre Kashpo from the due date, i.e.01.05.2024. 3. Heard learned counsel on both sides and considered the case file as well as the record produced by the respondents. 4. Neither the facts of the case nor the applicable notifications/instructions/guidelines are in dispute. 3. Heard learned counsel on both sides and considered the case file as well as the record produced by the respondents. 4. Neither the facts of the case nor the applicable notifications/instructions/guidelines are in dispute. Petitioner’s simple case is that in terms of amendment to the revised guidelines for appointment of Anganwari Workers/Helpers under the ICDS Programme carried out under notification dated 19.06.2010, she had a right and accordingly had to be given first opportunity to be appointed as Anganwari Worker in case she fulfilled the minimum prescribed educational qualification for the post of Anganwari Worker at the Centre, where she was discharging her duties as Anganwari Helper. The respondents in their reply, have not at all adverted to the contention of the petitioner based upon aforesaid notification dated 19.06.2010. The notification in very clear language states that in case of vacancy of Anganwari Worker becoming available at an Anganwari Centre and the matter being not sub-judice, the first opportunity to be appointed as Anganwari Worker against that vacancy is to be made available to the Anganwari Helper working in that Centre, the only rider being said Anganwari Helper should possess the educational qualification required for appointment to the post of Anganwari Worker. Admittedly, petitioner was serving as Anganwari Helper at Anganwari Centre Kashpo, District Kinnaur for the last more than 23 years, when post of Anganwari Worker fell vacant at that Centre. Respondents have also not disputed that the petitioner possesses prescribed educational qualification for appointment as Anganwari Worker. That being the position, petitioner is entitled to be appointed/promoted as Anganwari Worker at Anganwari Centre Kashpo, District Kinnaur. Respondents have unlawfully denied this promotion/appointment to the petitioner. 5. Accordingly, this writ petition is allowed. Respondents are directed to give appointment/promotion to the petitioner as Anganwari Worker at Anganwari Centre Kashpo with effect from the due date, i.e. 01.05.2024, alongwith all consequential benefits. Necessary orders in this regard be passed within three weeks from today. All consequences shall follow. Pending miscellaneous application(s), if any, also stand disposed of.