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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Bimla Devi – Appellant
Versus
State of H.P. – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J
Petitioner is aggrieved against the transfer of respondent No.5-Champa Devi, an Anganwari Worker from Anganwari Center Gujrodhar, Tehsil Karsog, District Mandi to Anganwari Center Mahota, Tehsil Karsog, District Mandi.
2. From the joint submissions made by learned counsel on both sides, following emerges:-
2(i) Respondents No.1 to 4 issued an advertisement for the post of Anganwari Worker at Anganwari Center Gujrodhar, Tehsil Karsog, District Mandi. Respondent No.5 on account of her marriage on 16.08.2002, to a resident of Gujrodhar, was eligible to apply for the post of Anganwari Worker at Anganwari Center Gujrodhar. She accordingly applied and participated in the selection process. Respondent No.5 was selected and appointed as Anganwari Worker at Anganwari Center Gujrodhar, Tehsil Karsog, District Mandi.
2(ii) Respondent No.5’s mother Smt. Shakuntla Devi, resident of Village Mahota, Tehsil Karsog, District Mandi was serving as Anganwari Worker at Anganwari Center Mahota, District Mandi. On attaining the age of superannuation, she retired on 11.01.2022. Consequently post of Anganwari Worker fell vacant at Anganwari Center Mahota.
2(iii) Petitioner is resi
The transfer of Anganwadi Workers must comply with specific guidelines, and deviations render such transfers invalid.
The petitioner has a right to promotion as Anganwari Worker under the guidelines, which the respondents unlawfully denied.
The court ruled that the appointment of an Anganwadi Worker must adhere to government guidelines, and challenges to such appointments require timely action and proper standing.
Eligibility criteria for government positions must be met, and discrepancies in application and residency status can result in the cancellation of appointments.
Residency at the time of application is the sole criterion for selection as Anganwadi Worker; marital status post-selection does not disqualify a candidate.
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