BHARTIBEN MANILAL NATHWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeals under clause 15 of the Letters Patent are filed by the appellants - original petitioners assailing the correctness and validity of the common order dtd. 7/7/2022 passed by the learned Single Judge in Special Civil Application No. 9589 of 2017 with Special Civil Application No. 10496 of 2017. As both the appeals have common issue, they are taken up together for hearing. The factual aspects considered in Special Civil Application No. 9589 of 2017 are taken as a lead matter.

(2.) The prayers that were made in the writ petition was to give direction to respondent no. 1 to amend the resolution dtd. 13/12/2005 and further to add word "Urban" by way of such amendment. It was also prayed that direction be given to respondent no. 4 - Rajkot Municipal Corporation to implement the direction of Programme Officer, ICDS letter dtd. 29/2/2016 and to appoint petitioner as "Supervisor" .

(3.) The learned Single Judge after taking into consideration the Government Resolution was pleased to hold that there is no discriminatory clause in the policy and that the argument canvassed by the learned advocate for the petitioners that 'Anganwadi Workers' who were working under the District Development Officer were given priority and as such, they stole the march over the petitioners for promotion to the post of 'Mukhya Sevika' is meritless and the procedure for promotion to the posts of Mukhya Sevika was undertaken by two separate establishments, depending upon the exigencies which existed there. On such findings, the learned Single Judge was pleased to dismiss both the petitions.