Himachal Pradesh High Court
Swaran Lata vs State Of Himachal Pradesh And Others on 2 January, 2016
Bench: Chief Justice, Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
LPA No. 166 of 2015
Decided on: 02.01.2016
Swaran Lata ...Appellant.
of
versus
State of Himachal Pradesh and others
rt ...Respondents.
______________________________________________________________
Coram
The Hon'ble Mr. Justice Mansoor Ahmad Mir, Chief Justice.
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting? Yes.
_____________________________________________________________
For the appellant: Mr. Dilip Sharma, Senior Advocate,
with Ms. Nishi Goel, Advocate.
For the Respondents: Mr. Shrawan Dogra, Advocate General,
with Mr. Anup Rattan & Mr. Romesh
Verma, Additional Advocate Generals,
and Mr. J.K. Verma, Deputy Advocate
General, for respondents No. 1 to 4.
Mr. Sanjeev Bhushan, Senior Advocate,
with Ms. Abhilasha Kaundal, Advocate,
for respondent No. 5.
____________________________________________________________
::: Downloaded on - 15/04/2017 19:38:38 :::HCHP
2
Mansoor Ahmad Mir, Chief Justice (Oral)
.
Subject matter of this appeal is the judgment and order, dated 19.08.2015, made by the learned Single Judge in CWP No. 4423 of 2013, titled as Ms. Swaran Lata versus State of of Himachal Pradesh and others, whereby the writ petition filed by the writ petitionerÂappellant came to be transferred to the H.P. rt State Administrative Tribunal (for short "the Tribunal) (hereinafter referred to as "the impugned judgment").
2. The grievance projected in this appeal is that the post of Anganwari Worker is not a civil post and the Tribunal has no jurisdiction to entertain such cases.
3. The post of Anganwari Worker is not a civil post in view of the law laid down by the Apex Court in the case titled as State of Karnataka and others versus Ameerbi and others, reported in (2007) 11 Supreme Court Cases 681.
4. Having said so, the impugned judgment is set aside and the appeal is allowed and the writ petition is ordered to be restored to its original number.
::: Downloaded on - 15/04/2017 19:38:38 :::HCHP 35. List the writ petition for hearing before the learned .
Single Judge, having the Roster, on 1st March, 2016.
6. Send for the record from the Tribunal.
7. Registry is directed to convey the order to the of Tribunal.
8. Pending applications, if any, are also disposed of accordingly.
rt
(Mansoor Ahmad Mir)
Chief Justice
January 2, 2016 (Tarlok Singh Chauhan)
(rajni) Judge
::: Downloaded on - 15/04/2017 19:38:38 :::HCHP