RAMESHWARI DEVI Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS review petition has been filed against the judgment dated 9.12.2009 rendered in CWP No. 4604/2009.

(2.) MR. J.L. Bhardwaj has vehemently argued that the appeal preferred by respondent No.5 before the District Magistrate, Solan was barred by limitation. According to him, the limitation prescribed for filing the appeal was 15 days. The interviews were held for the post of Anganwari Worker for Anganwari Centre, Takwana on 18.7.2007. Petitioner was selected.

(3.) IT is true that in this case, objection with regard to limitation was taken and no separate application was filed for the condonation of delay. The Court is of the considered view that the delay of few days will be deemed to have been condoned. The issue of limitation was also raised before the Divisional Commissioner in appeal No. 127/2009. However, in this appeal, the issue of limitation has not been touched vide decision dated 23.11.2009. The authorities below have considered all the issues on merits and not found the petitioner suitable for the post in question since her income exceeded the prescribed income of ` 12,000/- per annum. This was the only issue required to be adjudicated. The Divisional Commissioner vide order dated 23.11.2009 has directed the Child Development Project Officer, Arki to hold the de novo selection after taking necessary approval within three months.