ANITA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) By way of this writ petition, the petitioner has challenged order dated 28.11.2016, passed by Additional District Magistrate (L &O), Shimla, under Clause 12 of ICDS Scheme for the engagement of Anganwari Worker/Helper, in an appeal, filed by the present petitioner against the appointment of private respondent as Anganwari Worker at Anganwari Centre, Banjri, Tehsil Theog, District Shimla, H.P. which stood dismissed on the ground that the appeal was not preferred by the petitioner within the period of 15 days as was envisaged under the Policy/Guidelines and the appellate Authority was not having any power to condone the delay as is envisaged under Section 5 of the Limitation Act.

(2.) Alongwith the petition, petitioner had appended a notification issued by the respondent-State dated 05.10.2019 (Annexure P-9), i.e. Revised Guidelines for the appointment of Anganwari Workers/Helpers under ICDS Programme in Himachal Pradesh. By placing reliance upon Clause 12 of the same, learned Counsel for the petitioner has argued that in fact under these Guidelines, there was no period specified for filing of the appeal and time period mentioned therein is only for the purpose of decision of the appeal.

(3.) To ascertain which Scheme was in force at the time when appointment took place, this Court directed learned Additional Advocate General to produce the relevant Scheme in force when private respondent was selected as an Aanganwari Worker. Learned Additional Advocate General has produced notification dated 13.08.2010 which was in vogue at the relevant time when the private respondent herein was appointed as Anganwari Worker at Anganwari Centre Banjri. Said Notification is ordered to be taken on record. Guidelines notified vide notification dated 13th August, 2010, envisaged that first and final appeal of any aggrieved candidate could be made to the concerned Deputy Commissioner within 15 days from the date of issuance of appointment orders. This is clearly mentioned in Clause 12 of the same.