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2011 Supreme(All) 3093
UTTARAKHAND HIGH COURT
Sudhanshu Dhulia, J.
Shashi Devi -Appellant
Versus
State of Uttarakhand and Others -Respondent
Writ Petition (S/S) No. 1243 of 2011 And Writ Petition (S/S) No. 1367 of 2011 And Writ Petition (S/S) No. 636 of 2011
Decided On : 22-11-2011
The main legal point established in the judgment is that Angan Bari Karyakatries are disqualified from holding dual posts as Gram Pradhan and Angan Bari Karyakatri, based on the disqualification provisions under relevant constitutional articles and statutory provisions.
Headnote:
Angan Bari Karyakatries - Disqualification for holding dual posts - Articles 243-F, 243-K, and Section 5-A of U.P. Panchayat Raj Act, 1947 - The judgment discusses the disqualification of Angan Bari Karyakatries from holding dual posts as Gram Pradhan and Angan Bari Karyakatri, citing relevant constitutional articles and statutory provisions.
Fact of the Case:
The petitioners, Angan Bari Karyakatries elected as Gram Pradhans, challenged the order to leave one of the two posts. The court addressed the common issue of whether holding both positions is permissible.
Finding of the Court:
The court found that the petitioners, as Angan Bari Karyakatries, were disqualified from holding the position of Gram Pradhan due to the disqualification provisions under Articles 243-F, 243-K, and Section 5-A of U.P. Panchayat Raj Act, 1947.
Issues: The main issue was whether an Angan Bari Karyakatri could simultaneously hold the position of Gram Pradhan, and whether the honorarium received constituted an 'office of profit'.
Ratio Decidendi: The court held that the honorarium received by Angan Bari Karyakatries constituted an 'office of profit', leading to their disqualification from holding the position of Gram Pradhan.
Final Decision: The writ petitions were dismissed, and the court found no grounds for interference with the orders impugned in the writ petitions.
1. Heard Mr. R. K. Sah, counsel for the petitioners and Mr. N. P. Sah, Standing Counsel for the State of Uttarakhand.
2. The matters raised in the above three writ petitions raise a common question of law. Consequently they are being adjudicated by the present order.
3. The petitioners who are “Angan Bari Karyakatries” have been elected as a “Gram Pradhan” of their respective “Gram Sabhas”. They have been served notice by the relevant authorities now to leave one of the two posts i.e. either of the “Gram Pradhan” or the “Angan Bari Karyakatri”. The petitioners resent this and this being the common issue in all these writ petitions the petitioners have challenged the said order of the concerned authority before this Court.
4. “Angan Bari” literally means a “Courtyard Shelter”. “Angan Bari” workers are appointed under a Government of India sponsored scheme known as Integrated Child Development Service (from hereinafter referred to as ICDS) which renders child care service, particularly to children upto the age of 6 years and also certain services to women in villages. “Angan Bari” worker is appointed for an “Angan Bari centre” which is a grass root level of a village where such benefits of the project or scheme are to be given. There are an estimated 1.053 million “Angan Bari” centre in the country. Each centre is managed by an “Angan Bari” worker (popularly known as Angan Bari Karyakarti) who is given training in health care nutrition, child care, etc. “Angan Bari Karyakartis” are female workers appointed under the above scheme and although in the beginning they were given a paltry honorarium of ` 100 per month, today, however, the honorarium given to them in the State of Uttarakhand is ` 3,000/- per month.
5. This Scheme was implemented in the erstwhile State of Uttar Pradesh, somewhere in late 80s, which continued in the State of Uttarakhand, “Angan Bari Workers” are appointed in “Angan Bari Centres”, which are situated almost in all villages. It is a village level appointment made by the concerned Child Development Project Officer. The selection and appointment procedure of “Angan Bari Karyakatri”, “Sahayika Angan Bari Karyakatri” and “Mini Angan Bari Karyakatri” are presently governed by various Government Orders but primarily by Government Orders dated 24th February, 2009, 3rd September, 2009 and 31st May, 2010. The main scheme today is given in a Government Order issued by the Government of Uttarakhand on 24th February, 2009. These are all admitted facts.
6. As per the said Government Orders, reference whereof has already been given above, a selection committee at Block Level is first constituted. A procedure is prescribed for constituting this Selection Committee. Thereafter procedure is also prescribed how the various vacancies of “Angan Bari Workers” will be advertised for all the “Angan Bari Centres” and how the selection will be made by the Selection Committee and what will be the eligibility as well as the priorities given to a candidate in this selection. It will be needless to elaborate on this aspect at the present juncture. Sufficient will it be to state the admitted position that there is a procedure prescribed under law for selection and appointment of “Angan Bari Karyakatris”.
7. As per the procedure prescribed in the Government Order dated 24th February, 2009, the Selection Committee shall publish a “tentative select list”, to be notified at various places including the Block Level Offices, so that if anybody wants to raise objections on these selections, he or she would be free to make them. The cases where no objections are made, the tentative selection list becomes final and the Child Development Project Officer issues appointment letter to such a candidate. In cases where objections are received, the matter is referred to the Appellate Authority, which is constituted under the Government Order dated 24th February, 2009. The body of the Appellate Authority constituted is as follows:
“1. Chie
