RENU DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. S.K. Mandal, learned counsel for the appellant- writ petitioner and Mr. S.S. Chaudhary, learned brief holder for the State of Uttarakhand-respondents and, with their consent, the Special Appeal is disposed of at the stage of admission

(2.) This Special Appeal is preferred against the order passed by the learned Single Judge in Writ Petition (S/S) No. 03 of 2019 dated 03.01.2019. The appellant herein filed the said Writ Petition seeking a writ of mandamus directing the respondents to consider her case for appointment, to the post of Aaganbari Karyakarti at Aaganbari Centre, Mohalla Dhobiyan-01, Block Narsan, Tehsil Roorkee, District Haridwar, after amending the notification dated 26.11.2018.

(3.) Facts, to the limited extent necessary, are that the appellant- writ petitioner was initially appointed as an Aaganbari Sahayika on 03.05.2006 on a contractual basis. The appellant-writ petitioner continued to work in the said post, and her honorarium was revised from time to time. The petitioner belongs to the Other Backward Classes category. The fourth respondent issued a notification on 26.11.2018 inviting applications, for appointment to various posts of Aaganbari Karyakartis and Sahayikas, from candidates belonging to the Other Backward Classes. The said notification was published in the newspaper on 27.11.2018, wherein the upper age limit was fixed as 44 years. In terms of the said advertisement, first preference was to be given to working Aaganbari Karyakartis and Sahayikas. The advertisement also stipulated that a candidate, with experience as an Aaganbari Sahayika, would be given preference and additional marks. The appellant-writ petitioner applied for the post of Aaganbari Karyakarti on 12.12.2018, and was disqualified on the ground that she was aged 49 years which was beyond the upper age limit, prescribed in the advertisement, of 44 years.