Praveen Kumari vs State Of Himachal Pradesh And Others

Jyotsna Rewal Dua, J

As per averments made in the petition, the petitioner was appointed as Anganwari Worker in Anganwari Centre Bhardhyal (Naleti), Tehsil Dehra, District Kangra, H.P. in the year 1986. It has further been submitted that on account of retirement of Anganwari worker at Anganwari Centre Badroon, Tehsil Dehra, District Kangra, H.P. On 28.02.2022, a post of Anganwari worker had fallen vacant at the said Anganwari Centre. The notification dated 29.02.2016 prescribing guidelines for appointment of Anganwari workers under ICDS programme in the respondent-State also contains a provision for transfer/adjustment of Anganwari worker(s) as under :-

“4. Transfer/Adjustment of the Anganwadi Workers/Helpers

Under ICDS programme there is no provision of transfer of Anganwadi Workers/Helpers as these are honorary workers. However, only in case of marriage of AWW or AWH, some adjustments can be done as follows, a vacancy exists arises at the place of her husband’s normal place of residence/place of arriage or within the Panchayat area concerned, she can be adjusted on her request made within one month from date of vacancy arising or date marriage as the case may be. Divorce/destitute women living with their parents in Anganwadi area, but working at the place of marriage can be transferred to theplace of Anganwadi falling in the parental area or within the Panchayat area in a similar manner subject to the availability of vacancy. Distt. Programme Officre will be the competent authority to order transfer/adjustment of Anganwadi Worker/Helpers within the District. Ouside district transfers will be done with the approval of Director WCD.”

It has been contended on behalf of the petitioner that she was entitled for her adjustment by way of transfer to Anganwari Centre Badroon as she was married at Badroon and her husband is resident of village Badroon. The petitioner is stated to have made representations dated 04.03.2022 and 19.03.2022 to respondent No. 4 for her transfer/adjustment from Anganwari Centre Bhardhyal to Anganwari Centre Badroon in District Kangra, H.P. The grievance of the petitioner is that instead of taking action on her representations, the respondents are now proceeding ahead for filling up the vacant post of Anganwari Worker at Anganwari Centre Badroon in terms of recruitment notice issued by them in that regard vide Annexure P-4 dated 03.03.2022.

Considering the pleadings and submissions made before us and without expressing any opinion on the merits of the matter, this writ petition is disposed of by directing respondent No. 4/competent authority to decide the representations preferred by the petitioner at Annexure P-2 dated 19.03.2022 and Annexure P-3 dated 04.03.2022 within a period of ten days from today by passing a speaking order, in accordance with law. The copy of the order, so passed, shall also be communicated to the petitioner. Pending applications, if any, also stand disposed of.