CHANDER KALA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner, working as Anganwari worker in AnganwarI Centre, Shimola, Tehsil Shillai, District Sirmaur HP and eligible to be considered for the post of Supervisor to be filled-in through Limited Departmental Recruitment (LDR) and placed at Serial No.1 in waiting list of OBC category in such process completed by respondents, has approached this Court seeking direction to respondents to provide proportionate reservation to OBC (UR) category against 10 posts requisitioned in addition to originally notified 41 posts advertised vide advertisement dtd. 28/12/2019, Annexure P-1, with further direction to respondents to offer appointment to petitioner from the same date i.e. July, 2021 when similarly situated persons were offered appointment, with all consequential benefits of pay, arrears, seniority etc.

(2.) Admittedly, in pursuance to requisition sent by respondents No. 1 and 2, respondent No.3 initiated the process for filling-up 41 posts of Supervisor through LDR, on contract basis, in the Department of Women and Child Welfare through Advertisement No. 35-3/2019. Out of 41 posts, 23 posts were alloted to General (UR) category whereas 8, 7, and 3 posts were alloted to SC (UR), OBC(UR) and ST (UR) categories respectively. On declaration of result, 41 posts were filled by appointing candidates of various categories as per allotment of posts referred supra. At the time of preparation of select list, merit/categorywise waiting panel was also prepared wherein petitioner was placed at Sr.No.1 in OBC (UR) category.

(3.) Vide communication/Office letter No. WCD-A- B(I)9/2012-Estt.(Sup.)Vol-XIX-4400 dtd. 30/6/2021, respondent No.2-Director sent another requisition for recommendation to fill-up 10 posts in addition to 41 posts but in these additional 10 posts available for appointment of candidates from waiting list, reservation was provided only for Scheduled Caste Category (UR) but no reservation was provided for OBC Category and, as such, respondent No.3 vide communication/notification dtd. 9/7/2021 recommended 10 candidates from existing waiting panel as per additional requisition.