POONAMLATA UPADHYAY Vs. JAYA DWIVEDI

JUDGEMENT

(1.) THIS writ petition was filed challenging the order dated 17.9.2009 by the Commissioner, Shahdol Division, Shahdol allowing the appeal of the respondent No. 1 and directing removal of the petitioner from the post of Aganwadi Worker and appointment of the respondent No. 1 in her place.

(2.) WHEN the writ petition was listed before this Court on 27.11.2009, on a caveat filed by the respondent No. 1, the notice of writ petition was delivered to learned counsel for the respondent No. 1. It was supposed that the return of the writ petition would be immediately filed as no interim relief was granted by this Court at that time. However, since the return was not filed by the respondent No. 1, on a prayer made by the learned counsel for the respondent No. 1, two weeks' time was further allowed on 8.8.2011. Despite allowing the aforesaid time, return has not been filed by the respondent No. 1, opposing the claim made by the petitioner.

(3.) BEING aggrieved by such appointment of the petitioner, the respondent No. 1 filed an appeal before the Collector, Shahdol, which appeal was considered and decided on 3.5.2008 holding that since the benefit of marks for experience for working as 'Didi' for a period of three years was made available only by scheme dated 10.7.2007 amended on 29.8.2007, the respondent No. 1 was not entitled to grant of benefit of such marks on account of experience because she has not completed requisite years of service when the selection was initiated under the old scheme.