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2011 Supreme(UK) 595
2012 (1) UAD 320
UTTARAKHAND HIGH COURT
Hon’ble Mr. Justice Sudhanshu Dhulia
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
SMT. SHASHI DEVI – Petitioner
Versus
STATE OF UTTARAKHAND & ORS. – Respondents
Decided on : 22.11.2011
For the Petitioner:Mr. R.K. Sah, Advocate
For the Respondents: Mr. N.P.Sah, Standing Counsel
Headnote:(A) Constitution of India, 1950, Art. 191 & 243-F — "Office of profit" — Meaning of — It does not mean that holder of the office should carry a very high salary or great remuneration either in the form of salary or perks — But, what is relevant is that the person should be getting some monetary benefit, as honorarium — And if it so happens, then that would constitute an "office of profit" —The post of "Angan Bari Karyakarti" is not a civil post, it is an office of profit. (Para 25)
(B) Constitution of India, 1950, Art. 191 & 243-F and U.P. Panchayat Raj Act, 1947, Sec. 5-A — An Angan Bari Karyakarti receives an honorarium of Rs. 3,000/- per month and holds an office of profit — Though her office is not a civil post — Therefore, an Angan Bari Karyakarti is not eligible for being elected as a Gram Pradhan.
(Paras 25 and 32)
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¼c½ Hkkjrh; lafo/kku] 1950] vuqPNsn 191 vkSj 243F vkSj mñizñ iapk;r jkt vfèkfu;e] 1947] /kkjk 5-A & ,d vkaxuckM+h dk;Zd=h dks #- 3000@& izr ekg ekuns; feyrk gS vkSj og ,d ykHk dk in xzg.k djrh gS & ;|fi ml dk in dksbZ lkekftd in ugha gS blfy, ,d vkaxuckM+h dk;Zd=h xzke iz/kku ds :i eas pqus tkus ;ksX; ugha gSA
¼izLrj 25 vkSj 32½
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 Karyakarties" 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 Karyakarti". The petitioners resent this and this being the common issue in all these writ petitions the petitioners have challenged the said order of the concemed authority before this Court.
4. "Angan Bari" literally means a "Courtyard Shelter". "Angan Bari" workers are appointed under a Govemment 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 nutr'ition, 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 Rs. 100 per month, today, however, the honorarium given to them in the State of Uttarakhand is Rs. 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 Karyakarti", "Sahayika Angan Bari Karyakarti" and "Mini Angan Bari Karyakarti" are presently governed by various Government Orders but primarily by Government Orders dated 24th February, 2009, 3rd September, 2009 and 31 st 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 Karyakartis" .
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:
