Meera Devi vs The State of H.P. and Others

V.K. Sharma, J.—The learned Assistant Advocate General appearing on behalf of Respondents No. 1 and 2 has brought on the record a communication dated 18th September, 2009, alongwith the accompanying annexure, that is, letter of resignation submitted by the Petitioner from the post of Anganwari Helper, Anganwari Centre, Neri-II, which is taken on record.

By filing the present petition, the Petitioner is seeking the following relief(s) vide para 7 thereof:

(i) That the directions may kindly be issued to the Respondent No. 3 to issue necessary appointment order to the applicant as water carrier for GPs Jaura Amb immediately.

(ii) That the Respondent No. 3 be burdened with the cost of this litigation as the applicant has been dragged un-necessarily in this litigation.

(iii) That the Respondent be directed to produce the whole record before this Hon''ble Tribunal.

(iv) That any other writ, order or direction as this Hon''ble Court may deem just and proper in the facts of this case may also be passed and justice be done.

Briefly stated the facts as emerge out of the record are that the Petitioner was selected as Anganwari Helper as also Part Time Water Carrier. Since she was already working as Anganwari Helper, Respondent No. 3 did not issue appointment letter to her as Part Time Water Carrier in Government Primary School, Jaura Amb. The objection to this effect has also been raised by way of preliminary submission in the reply to the petition, filed on behalf of Respondent No. 3. It is to the following effect:

That the Original application as filed is neither competent nor maintainable in the present form. In fact the OA further is bad owing to the concealment of facts on the part of the applicant. The applicant has suppressed the material facts particularly Clause 12 under which applicant stand recruited if is read vis-a-vis the appointment letter, the same would depict that if somebody is already working somewhere, his/her appointment/engagement under Clause 12 can be declined. In this view of the matter only as the applicant is working as Angan Bari Helper, replying Respondent referred the matter back to Respondent No. 2 for further guidance and instructions. Till date, Respondent No. 2has not informed/instructed the replying Respondent either to go ahead with the engagement of applicant in view of her appointment or even that her appointment stand cancelled. The replying Respondent will abide by all directions issued by Respondent No. 2 on the reference as stand sent back to him by replying Respondent with respect to engagement/non engagement of services of applicant.

Now, since as per the aforesaid communication dated 18th September, 2009, brought on record on behalf of Respondents No. 1 and 2, it is apparent that the Petitioner has tendered resignation from the post of Anganwari Helper, the aforesaid objection does not subsist any more. It being so, the petition is disposed of with the following directions:

The Respondents, particularly Respondent No. 3, shall issue appointment letter to the Petitioner as Part Time Water Carrier in Government Primary School, Jaura Amb forthwith.

It is apparent on the face of record that the Petitioner was appointed as Part Time Water Carrier vide appointment letter dated 09.08.2007. The resignation was submitted by her on 13.02.2008. In such circumstances, the appointment of the Petitioner as Part Time Water Carrier shall be deemed to take effect on and w.e.f. the date of acceptance of aforesaid resignation dated 13.2.2008. However, it is made clear that she shall not be entitled for any honorarium for the period of deemed appointment.

The petition stands disposed of in the above terms.

In view of disposal of the main petition pending CMP, if any, shall also stand disposed of as infructuous.