GULZAR BIBI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THE present Letters Patent Appeal arises out of judgment dated 22.11.2010, rendered by a learned Single Judge of this Court in C.W.P No. 774 of 2010, reversing the orders dated 9.11.2009 and 3.3.2010, passed by the Divisional Commissioner, Mandi, H.P. and thereby restoring the order dated 21.8.2009 of the Addl. District Magistrate, Hamirpur, H.P., upholding the selection of private respondent No.5, Smt. Sarla Devi, as Anganwadi Worker.

(2.) BRIEFLY stated the facts of the case are that interview for the post of Anganwari Worker for Anganwari Centre, Sulagwan, was held on 7.8.2007, in which private respondent No.5 Smt. Sarla Devi, was selected and she joined on 10.8.2007. Being aggrieved, the appellant, Gulzar Bibi filed an appeal before the Dy. Commissioner, Hamirpur, which was dismissed on 31.8.2007. Thereafter, she took the matter in further appeal before the Divisional Commissioner, Mandi, who vide order dated 4.4.2008, remanded the matter to the Dy. Commissioner, Hamirpur. The appeal was heard by the Addl. District Magistrate, Hamirpur, who again dismissed the same on 21.8.2009. The matter was again carried in appeal by the appellant, Gulzar Bibi, before the Divisional Commissioner, Mandi, who accepted the appeal on 9.11.2009, followed by order dated 3.3.2010.

(3.) THE matter is governed by the `Scheme/Guidelines for the engagement of the Anganwadi Workers/Helpers on honorary basis under ICDS scheme run by Social Justice & Empowerment Department', para 4 whereof being relevant for the purpose of disposal of the present appeal is extracted below:-