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Smt. Sarita vs State of Uttarakhand and Others

Uttarakhand High Court · Decided on 27 September 2011 · Citation: (2011) 09 UK CK 0020

HON’BLE JUDGES
Sudhanshu Dhulia, J
CASE NUMBER
Writ Petition No. 1304 (SS) of 2011
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Judgment

11 paragraphs · 330 words

Sudhanshu Dhulia, J.—Heard Mr. Lokendra Dobhal, Learned Counsel for the Petitioner and Mr. H.M. Raturi, learned standing counsel for the State of Uttarakhand.

2.

With the consent of the parties, the writ petition is disposed of at the admission stage itself.

3.

The Petitioner was selected as an "Anganbari Karyakatri" for "Anganbari" Centre-Gorsali II, Tehsil Bhatwari, Uttarakashi. However, selection of the Petitioner was challenged by Respondent No. 4 and selection of the Petitioner has been set aside. This was done before the appointment order was formally issued in favour of the Petitioner and appointment order in favour of Respondent No. 4 was issued.

4.

The matter pertains to selection and appointment of an "Anganbari Karyakatri". The post of "Anganbari Karyakatri" is governed by government order dated 24th February 2009. It is provided in the said government order that once there is a complaint on a selection, the matter must be referred to the appellate authority constituted under the Government Order dated 24th February 2009 as under:

1.

Chief Development Officer- Chairman

2.

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

3.

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

5.

This apparently has not been done in the case of the Petitioner. Therefore, the District Programme Officer, Uttarkashi, is directed to refer the matter to the appellate authority, who shall hear the Petitioner as well as Respondent No. 4 and thereafter an appropriate order be passed. If there is nothing wrong on the selection of the Petitioner, the same should be given to her without any further delay.

6.

It is made clear that the appellate authority shall look into the matter and take a decision as expeditiously as possible, but definitely within a period of six weeks from the date when the matter is referred to the appellate authority.

7.

With the aforesaid observations, the writ petition is disposed of finally.

8.

No order as to costs.