JAGDIP KAUR Vs. DIRECTOR, SOCIAL SECURITY

JUDGEMENT

(1.) Petitioner was appointed as Anganwari Worker on 11.4.1985. Next promotion from the post of Anganwari Worker is that of Supervisor. Respondents invited applications for promotion to the post of Supervisor from amongst the Anganwari Workers for which a written test was prescribed. Petitioner fulfilled the requirements/qualifications for the post of Supervisor and accordingly applied for the post of Supervisor. Petitioner was allotted Roll No. 1829 vide Memo No. A-4(SB)-96 by the department copy of which has been attached as Annexure P1. The date mentioned for holding of written test is 28.8.1996 whereas actually the examination took place on 25.8.1996. The date for holding the written test was wrongly mentioned in letter Annexure P1 and as such petitioner could not appear in the written test.

(2.) Present petition has been filed with a prayer that a writ of mandamus be issued to the respondents directing them to take the written test of the petitioner for the post of Supervisor and on qualifying the written test interview her for the post of Supervisor. Interviews in pursuance to the test held on 25.8.1996 are being held currently and shall conclude by the end of December 1996.

(3.) Notice of motion was issued in response to which written statement has been filed. Introductory facts that petitioner is an Anganwari Worker and fulfils the qualifications for the post of Supervisor are admitted; it has further been admitted that the test was actually held on 25.8.1995 whereas the date mentioned in Annexure P1 is 28.8.1996. By way of explanation it has been stated that as many officials were engaged in sorting out the applications, an inadvertent mistake was committed in mentioning the date as 28.8.1996 in Annexure P1 issued to the petitioner. A press note was also issued that the test was to be held on 25.8.1996. The same was published in three news papers The Tribune (English), Ajit (Punjabi), Punjabi Tribune, on 17.8.1996. About 2500 Anganwari Workers in the State were issued roll numbers and no other complaint of such an error was received. Many Anganwari Workers from Batala Block to which the petitioner belongs appeared in the test. By way of inference it has been concluded in the written statement that it was improbable that petitioner did not come to know about the date of test.