LAWS(P&H)-2012-2-203

SUKHWINDER KAUR Vs. MANJEET KAUR

Decided On February 28, 2012
SUKHWINDER KAUR Appellant
V/S
MANJEET KAUR Respondents

JUDGEMENT

(1.) This appeal is directed against the judgement and order dated 17.07.2009 passed by a learned Single Judge of this Court allowing the writ petition filed by the respondent/writ petitioner by which the appointment of the appellant (respondent No. 7 in the writ petition) as an Anganwari Worker was called into question. The learned Single Judge by the impugned order took the view that the appointment of the appellant/respondent No. 7 did not follow the laid down norms for appointment of Anganwari Workers and held the respondent/writ petitioner to be entitled to preference over the appellant in the matter of such appointment. Accordingly, consequential directions were issued. Aggrieved, this appeal has been filed.

(2.) The facts lie within a short compass. In the year 2004, the respondent/writ petitioner was appointed as an Anganwari Worker which appointment came to be challenged by the present appellant by filing a writ petition before this Court. However, during the pendency of the writ petition, the work allotment order was issued to the appellant/respondent No. 7 and hence the writ petition was dismissed as infructuous. The work allotment order which is dated 12.03.2005 was thereafter challenged by the respondent/writ petitioner by filing CWP No. 5724 of 2005 which was disposed of by this Court by a direction to treat the writ petition in question to be a representation and due consideration of the same in accordance with the judgements delivered by a Division Bench of this Court in proceedings registered and numbered as CWP No. 7413 of 2005 titled as Jasvir Kaur Vs. State of Punjab and others and CWP No. 17174 of 2007 titled as Kuldeep Kaur Vs. State of Punjab and others respectively. Thereafter, by order dated 03.07.2008, the representation of the respondent/writ petitioner was dismissed giving rise to the writ petition registered and numbered as CWP No. 12807 of 2008 out of which this appeal has arisen in the circumstances already noted.

(3.) We have heard the learned Counsels for the parties. We have also looked into the judgement of the learned Single Judge and the relevant part of the pleadings alongwith the documents in support which are available on record.