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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
HON'BLE MS. JUSTICE JYOTSNA REWAL DUA
Sujata Devi – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Jyotsna Rewal Dua, J.
1. Petitioner is presently serving as Anganwari Helper at Anganwari Centre Kashpo, District Kinnaur. She feels aggrieved by transfer of respondent No.5 (Smt. Tara Devi) as Anganwari Worker from Anganwari Centre Rakchham, District Kinnaur to Anganwari Centre Kashpo, District Kinnaur. Petitioner’s case is that respondent No.5 could not have been transferred as Anganwari Worker at Anganwari Centre Kashpo and instead it was the petitioner, who was to be given first opportunity to be appointed as Anganwari Worker at Anganwari Centre Kashpo in terms of notification dated 19.06.2010.
2. From the joint submissions made by learned counsel for the parties, the position that emerges is as under:-
(i)Petitioner was appointed to the post of Anganwari Helper at Anganwari Centre Kashpo, District Kinnaur on 06.08.2000. She has by now completed more than 24 years of service at this Anganwari Centre as Anganwari Helper. A post of Anganwari Worker fell vacant at Anganwari Centre Kashpo on 30.04.2024.
(ii)The respondents issued a notification on 19.06.2010, amending the guidelines for the appointment of Anganwari Workers/Helpers under ICDS Programme in Himachal Pradesh noti
The petitioner has a right to promotion as Anganwari Worker under the guidelines, which the respondents unlawfully denied.
The transfer of Anganwadi Workers must comply with specific guidelines, and deviations render such transfers invalid.
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.
Point of Law : It is clarified that she shall be entitled for financial benefits from the date of appointment, though she shall be entitled for continuity in service alongwith seniority from the date....
The court affirmed that selection for Anganwadi Worker positions must follow established criteria, including local residency and performance in interviews, without bias towards higher qualifications.
Promotion eligibility for Anganwadi Workers is confined to residents of the same revenue village, as per guidelines.
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