BANTI DEVI Vs. STATE OF H. P.

JUDGEMENT

(1.) By way of this petition, petitioner has challenged order passed by learned Additional Deputy Commissioner, Bilaspur, in case No. J-4/11, titled Smt. Banti Devi vs. Smt. Surendera, decided on 27.11.2012, whereby an appeal filed under Section 12 of the Anganwari Scheme/Guidelines against the alleged wrong selection of Smt. Surendera as Anganwari Worker at Anganwari Centre Berthin, stood dismissed, though not on merit.

(2.) Brief facts necessary for the adjudication of this petition are that process was issued by the respondent-State to fill up the post of Anganwari Worker at Anganwari Centre Berthin. This process was initiated somewhere in the year 2007. Private respondent herein was selected in the selection process which was so initiated.

(3.) Feeling aggrieved by the appointment of the present private respondent as an Anganwari Worker, petitioner herein preferred an appeal before Deputy Commissioner, Bilaspur. This appeal was allowed by the Appellate Authority by holding that the husband of the selected candidate owned large property, meaning thereby that annual family income of the selected candidate was certainly more than Rs.12,000/- per annum. It appears that this order was further assailed by way of an appeal by the selected candidate in terms of the guidelines issued by the government for appointment of Anganwari Workers, which contained provisions for second appeal. It further appears from the record that the subsequent appeal filed by the selected candidate probably was allowed by the said Appellate Authority by holding that order passed by the first Appellate Authority was not sustainable in law as the factum of appeal having been preferred beyond the period of limitation was ignored.