LEELA @ LEELA BISHT; SUSHILA TRIPATHI Vs. STATE OF UTTARAKHAND & OTHERS; DISTRICT PROGRAMME OFFICER & OTHERS

JUDGEMENT

(1.) This matter was listed on 01.08.2016 and after hearing learned counsels for the parties at length, on the request of Mr. Bhagwat Mehra, counsel for respondent No. 7 - Ms. Sushila Tripathi (petitioner in WPSS No. 468 of 2016), who submitted that he too also filed a writ petition being WPSS No. 1228 of 2016 before this Court both the matters are heard together on request of the learned counsels. As both these writ petitions relate to a common issue, both the petitions are being heard and decided by this common judgment. For the sake of convenience, however, the facts of WPSS No. 468 of 2016 are being taken into consideration for the disposal of these matters.

(2.) In this case, both the petitioners i.e. Smt. Leela @ Leela Bisht (in WPSS No. 468 of 2016) and Smt. Sushila Tripathi (in WPSS No. 1228 of 2016) are rival contenders for the post of Aaganbari Karyakarti for the Aaganbari Karyakarti Centre at Village Pawalgarh, Ramnagar, District Nainital. The case of the petitioner in WPSS No. 468 of 2016 is that she is a widow of one Kundan Singh, who was a Soldier in Indian Army and who died on 22.10.2014.

(3.) An advertisement was published in the month of September 2015 by the authority concerned for inviting applications from amongst eligible candidates for the post of Aaganbari Karyakarti for the Aaganbari Centre at Village Pawalgarh, Ramnagar, District Nainital. It is again an admitted fact that the post of Aaganbari Karyakarti is only to be filled by a woman and preference will be given to a widow, to a divorc e or one who is below the poverty line. The petitioner being a widow and the preference given to her is liable to be selected for the post of Aaganbari Karyakarti against all the other candidates and consequently, preference being given to her Smt. Leela @ Leela Bisht, was to be appointed. It appears, meanwhile that respondent No. 7 Smt. Sushila Tripathi (petitioner in connected petition i.e. WPSS No. 1228 of 2016) moved a representation to Hon'ble the Chief Minister, which was marked to Secretary and the concerned Secretary in turn marked it urgent and sought a proposal from the Additional Secretary on the subject. Although the proposal, which was given, is not on record, but subsequently, an order was passed by the Secretary herself on 28.01.2016 by which it was said that as an exception, respondent No. 7 Smt. Sushila Tripathi is appointed as Aaganbari Karyakarti for the Aaganbari Centre at Village Pawalgarh, Ramnagar, District Nainital. Since then, respondent No. 7 Smt. Sushila Tripathi is working on the said post. This is the order, which is presently under challenge before this Court in WPSS No. 468 of 2016.