LAWS(HPH)-2011-7-101

RAJ KUMARI Vs. STATE OF H.P.

Decided On July 29, 2011
RAJ KUMARI Appellant
V/S
STATE OF H.P. Respondents

JUDGEMENT

(1.) Whether there is a period of limitation of 15 days in filing appeals under the 2009 guidelines in the matter of appointments of Anganwari Workers/Helpers is the issue in this case.

(2.) In the nature of order we propose to pass, we do not think it necessary to issue notice to the fourth Respondent since her interest otherwise will be safeguarded. The challenge is on Annexure P-3, order passed by the Additional District Magistrate, Bilaspur. The matter pertains to the appointment of Anganwadi helper at Anganwadi Centre Uttaper. It is seen that the appeal filed by the Petitioner was dismissed by the Additional District Magistrate, Bilaspur on the ground that the same was filed after a period of three months. The appointment of Anganwadi worker is of 2010 and it is governed by 2010 Policy (Annexure P-1). Paragraph 12 of the Scheme shows that the appeal should only be decided within 15 days and No. time is prescribed for filing the appeal. This Court has held in the earlier batch of cases that the appeal should be filed within 15 days and there is No. provision for condonation of delay. That judgment was in respect of the Scheme operated prior to October 2009. The Scheme, which applies to the appointment after 5th October, 2009 (Annexure P-1), does not show that there is a period of limitation. Annexure P-1 guidelines issued on 5.10.2009 at Cause 12 has provided as follows:

(3.) Since the Court was not prima facie convinced by the scope of the Scheme, we directed the Government itself to file an additional affidavit as to whether there was a period of limitation, as far as appeals pertaining to appointments under 2009 Scheme are concerned. In the affidavit dated 18th July, 2011, filed by the Principal Secretary, Social Justice and Empowerment, it is made clear that only time limit for disposal of the appeal alone is contemplated in the Scheme and that there is No. time as such prescribed in the Scheme. Thus it is clear that under the 2009 guidelines for appointment of Anganwari worker, there is No. period of limitation for filing appeal. If No. time limit is prescribed for filing an appeal, it is now well settled law that it should be construed to be filed within a reasonable period. It is seen that the Petitioner has filed the appeal within three months, which is a reasonable period by any standard.