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2025 Supreme(HP) 125
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA, J.
Bimla Devi - Appellant
Versus
State of H.P. & Ors. - Respondents
CWP No. 8764 of 2023
Decided on: 01-05-2025
For the Appellant :Mr. C.N. Singh, Dr. Nidhi Singh, Mr. Devender Sharma and Mr. Anshul Gandhi, Advocates.
For the Respondents:Mr. Rajat Choudhary, Assistant Advocate General, Mr. Basant Pal Thakur, Advocate,
The transfer of Anganwadi Workers must comply with specific guidelines, and deviations render such transfers invalid.
Headnote:
(A) Scheme/Guidelines for the engagement of Anganwadi Workers/Mini Anganwadi Worker/Helpers under ICDS Scheme - Transfer of Anganwadi Worker - Petitioner challenged the transfer of respondent No.5 from Anganwadi Center Gujrodhar to Mahota, asserting lack of authority for such transfer under the applicable guidelines. Court found that respondent No.5 did not meet the criteria for transfer as per Clause 4 of the guidelines, which stipulates conditions for adjustment only in specific circumstances. (Paras 4, 5)
(B) Authority and Procedure - The court emphasized that the transfer of Anganwadi Workers is governed by specific guidelines, and any deviation from these guidelines renders the transfer invalid. (Paras 4, 5)
Facts of the case:
The petitioner, a resident of Mahota, sought to fill the vacant post of Anganwadi Worker at Mahota after the retirement of her mother-in-law. Respondent No.5 was transferred without following the proper procedure, leading to the petitioner's challenge.
Findings of Court:
The court ruled that the transfer of respondent No.5 was unjustified as it did not comply with the established guidelines.
Issues: The main issues included the authority of respondents to transfer respondent No.5 and the applicability of the transfer guidelines.
Ratio Decidendi: The court held that the transfer was not justified as respondent No.5 did not fulfill the conditions for transfer under the guidelines.
Result: Writ petition allowed; transfer orders quashed.
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 resident of village Mahota, Tehsil Karsog, District Mandi. Her husband met with an accident and died on 22.11.2021 leaving behind petitioner and a son, presently aged about 7 years. Compelled by the circumstances, petitioner was interested to serve at Anganwari Center Mahota. She made a request to respondent No.4 for filling up the post of Anganwari Worker at Anganwari Center Mahota. Her request was not heeded to. Respondents did not take any steps for filling up the post of Anganwari Worker at Anganwari Center Mahota through the regular selection process envisaged under the guidelines framed for appointment of Anganwari Workers.
2(iv) Noticing respondent No.5 serving at Anganwari Center Mahota, the petitioner applied for information under the Right to Information Act with respect to status of post of Anganwari Worker at Anganwari Center Mahota, Tehsil Karsog, District Mandi. On receipt of the information/documents, petitioner became aware of the fact that respondent No.5 had been transferred on 19.12.2022 (Annexure P-5) from Anganwari Center Gujrodhar to Anganwari Center Mahota. Respondent No.5 was relieved from Anganwari Center Gujrodhar on 21.12.2022 (Annexure P-6). Consequent thereupon post of Anganwari Worker at Anganwari Center Gujrodhar was shown as available/vacant and made part of notice dated 16.10.2023 (Annexure P-10) whereunder applications were invited from eligible candidates for vacant posts of Anganwari Workers in different centers.
Feeling aggrieved, petitioner has instituted this writ petition, seeking quashing of the impugned transfer/adjustment orders dated 19.12.2022 (Annexure P-5), relieving order dated 21.12.2022 (Annexure P-6) as also Annexure P-10 dated 16.10.2023 inviting applications for the post of Anganwari Worker at Anganwari Center Gujrodhar. The substantive reliefs prayed for by the petitioner read as under:-
“(i) Issue a writ of Certiorari, Mandamus or other appropriate writ Order for quashing the impugned transfer/adjustment order dated 19.12.2022 & 21.12.2022 (Annexure P-5 and Annexure P-6)as well as notification/advertisement dated 16.10.2023 (Annexure P-10) to the extent of filing up the post of Anganwari Center, Gujrodhar for all intents and purposes.
(ii) Issue a writ of Certiorari, Mandamus or other appropriate writ Order by directing the respondents department to re- transfer/adjust the respondent No.5 to Anganwari Center, Gujrodhar within time bound manner.
(iii) Issue a writ of Certiorari, Mandamus or other appropriate writ Order by directing the respondents department, to initiate the process for filling up the post of Anganwari Worker at Anganwari Center Mahota, Tehsil Karsog, District, Mandi, Himachal Pradesh in accordance with the policy and complete the same within time bound manner.”
On 08.11.2023 an interim ord
