Lata Kumari vs State of H.P. and Others

Kurian Joseph, C.J.—The petition is filed with the following prayers:

(1) For issuing a writ of Mandamus or any other appropriate writ for directing the respondents to issue appointment order to the petitioner in terms of her selection on 27.9.2007 as an Anganwadi Worker in Anganwadi Centre Sakoh ward No. 4 Tehsil Jai Singh Pur District Kangra.

(2) For issuing a writ of Mandamus or any other appropriate writ for directing the respondents to implement the decision of the selection committee which interviewed the candidates including the petitioner on 27.9.2008 for the post of Anganwadi Worker in Anganwadi Centre Sakoh ward No. 4 Tehsil Jai Singh Pur District Kangra.

(3) For issuing a writ of certiorari or any other appropriate writ for quashing the decision of the respondents to readvertise the post of Anganwadi Worker in Anganwadi Centre Sakoh ward No. 4 Tehsil Jai Singh Pur District Kangra.

It is unfortunate that despite the selection conducted on 27.9.2007, the appointment could not be made. The learned Senior Additional Advocate General inviting reference to the reply submits that there is a dispute with regard to the location of the Anganwadi centre between Liyunda and Sakoh. But the fact remains that Anganwadi Centre at Liyunda is functioning. It is also seen from the record that that it was Anganwadi Centre at Sakoh in the year 1978 but it happened to be located at Liyunda. Now the additional Anganwadi Centre is sanctioned for Liyunda but located at Sakoh in view of the fact that Anganwadi Centre originally sanctioned at Sakoh is functioning at Liyunda since 1978. The Additional Anganwadi Centre since functional at Sakoh. There cannot be two Anganwadi Centres at Liyunda. Therefore, it is made clear that the Additional Anganwadi Centre sanctioned and for which the selection process was commenced shall be located at Sakoh and selection process already commenced has to be completed and it has to function independently. The petition is disposed of directing the respondents to complete the process of selection already undertaken within a month from today and see that Anganwadi Centre at Sakoh will function independently w.e.f. 1st September, 2010. The petitioner will submit a copy of this judgment before the respondent concerned.