Smt. Santoshi Devi vs State of Uttarakhand and others

Hon''ble Sudhanshu Dhulia, J.—Heard Ms. Sangeeta Bhardwaj, Advocate for the petitioner and Mr. N.P. Sah, learned Standing Counsel for the State of Uttarakhand.

According to the petitioner, she was a candidate for the "Anganbari Karyakatri" for "Anganbari" Centre Village Sitakot Ward No. 1, Bhilangna (Ghansali), district Tehri Garhwal. All the same, a complaint was made against the petitioner, as such, instead of petitioner, respondent no. 5 has been selected and she is being given appointment.

Appointment of "Anganbari Workers" are presently done primarily in accordance with Government Order dated 24th February, 2009, in which an appellate Authority is already provided, which consists of the following :

Chief Development Officer-Chairman.

A person nominated by the District Magistrate, who must be at least Class-II Officer, and,

District Programme Officer, who will be the member Secretary of this appellate body.

As such, the District Programme Officer, Tehri Garhwal/respondent no. 3 is hereby directed to refer the matter to the appellate authority. The Appellate Authority after such reference shall hear the grievance of the petitioner as well as of respondent no. 5 and after giving an opportunity of hearing to both of them shall take a decision in the matter within six weeks from the date the matter is referred to him.

It is made clear that in case respondent no. 5 has not joined as "Anganbari Karyakatri", she should be given joining subject to the decision of the appellate authority.

With the aforesaid directions, the writ petition is disposed of.

No order as to costs.

Certified copy of this order be issued today itself.