Himachal Pradesh High Court
Rekha Kumari vs State Of H.P. And Ors on 16 July, 2019
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 8479/2012 Reserved on: 10.7.2019 Date of decision: 16.7.2019 .
Rekha Kumari .....Petitioner
Versus
State of H.P. and ors. ...Respondents
Coram
Whether approved for reporting ?1 No
r to
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
For the petitioner: Mr. Hamender Chandel, Advocate.
For the respondents: Mr. Vinod Thakur, Addl. A.G. with Mr. Bhupinder Thakur, Dy.A.G. and Mr. Ram Lal Thakur, Asstt. A.G. for respondents No. 1 to 5.
Mr. Vinod Thakur, Advocate, for respondent No.6.
Tarlok Singh Chauhan, Judge The petitioner, who is resident of Village Kulhad, where Anganwadi Centre has been opened by the official respondents, was expecting to be appointed as Anganwadi Worker there.
However, the official respondents transferred and posted respondent No.6 at Anganwadi Centre Kulhad, who was initially appointed as Anganwadi Worker at Anganwadi Centre SarnoohI 1 Whether reporters of Local Papers may be allowed to see the Judgment ?Yes ::: Downloaded on - 29/09/2019 00:50:39 :::HCHP 2 before her marriage, on the ground that she had applied for adjustment in Anganwadi Centre Kulhad due to the vacancy at that centre.
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2 It is not in dispute that the petitioner came to be appointed as Anganwadi Worker at Anganwadi Centre SarnoohI in the year 2007, however when in the year 2009, she got married in Village Pathiar, Nagrota Surian, which is about 1520 kms away from Anganwadi Centre SarnoohI, she found it difficult to perform her duties, but continued as such. In the year 2010, post of Anganwadi Worker at Anganwadi Centre Kulhad fell vacant on account of death of the incumbent there and accordingly, respondent No.6 on her request was transferred and posted at the said Centre. Now, moot question is whether such a course was permissible.
3 The State Government has formulated scheme/guidelines for engagement of the Anganwadi Workers/Helpers and in para 4 of the scheme, it has been specifically stated that there is no provision of transfer of Anganwadi Workers/Helpers as these are honourary workers, However, it has further been stipulated therein that only at the time of marriage of such Anganwadi Worker or Anganwadi Helper, if any vacancy exists at the place of her husband's normal place of residence or place of marriage, she can ::: Downloaded on - 29/09/2019 00:50:39 :::HCHP 3 be adjusted on request made within one month of date of marriage only once during her tenure. The relevant terms and conditions as contained in para 4 of the scheme read as under: .
4. Transfer/Adjustment of the Anganwadi Workers/Helpers. Under ICDS programme there is no provision of transfer of Anganwadi Workers/Helpers as these are honourary workers. However, only at the time of marriage of AWW or AWH if, vacancy exists at the place of her husband's normal place of residence/place of marriage, she can be adjusted on request made within one month of date of marriage only once during her tenure. Divorcee/destitute women living with their parents in Anganwadi area, but working at the place of marriage can be transferred to the place of Anganwadi falling in the parental area subject to availability of vacancy.
4 It would be evidently clear from the aforesaid para of the scheme that there is no provision of transfer of Anganwadi Workers/Helpers and only at the time of marriage that too in case vacancy exists at the place of her husband's normal place of residence or place of marriage that an Anganwadi Worker or Anganwadi Helper, as the case may be, can be adjusted on request that to if the same is made within one month of date of marriage and such right is available only once during her tenure.
5 Indubitably, none of the conditions as stipulated in para 4 of the scheme have been fulfilled in the present case. The marriage of respondent No.6 took place in the year 2007 and ::: Downloaded on - 29/09/2019 00:50:39 :::HCHP 4 therefore, the request for transfer could at best have been made within one month from the date of her marriage that too if there existed an vacancy at the place of her husband's normal place of .
residence or place of marriage.
6 Therefore, this Court has no difficulty in concluding that transfer of respondent No.6 at Anganwadi Centre Kulhad is illegal and contrary to the provisions of para 4 of the scheme and cannot, therefore, be countenanced or sustained. Respondent No.6 has not chosen to assail the validity of the aforesaid para of the scheme and, therefore, in such circumstances she is required to be sent back to Anganwadi Centre SarnoohI, whereas the process for filing up vacancy of Anganwadi Worker at Anganwadi Centre Kulhad is required to be initiated by the officials respondents in accordance with the scheme.
7 In view of aforesaid discussion, the writ petition is allowed and the office order, dated 8.8.2012, Annexure P2, transferring respondent No.6 from Anganwadi Centre SarnoohI to Anganwadi Centre Kulhad, is quashed and set aside and the official respondents are directed to initiate process for filling up vacancy of Anganwadi Worker at Anganwadi Centre Kulhad in accordance with the Scheme formulated by the State Government.
At the same time, respondent No.6 is permitted to continue at ::: Downloaded on - 29/09/2019 00:50:39 :::HCHP 5 Anganwadi Centre, Kulhad till the post of Anganwadi Worker is not filled up there, whereafter she will be transferred back to Anganwadi Centre, SarnoohI. The entire exercise be completed .
within three months from today and compliance affidavit be filed before 15.10.2019 and the case be listed for this limited purpose on 17.10.2019.
8 Pending application(s), if any, also stands disposed of.
No order as to costs.
16.7.2019 (Tarlok Singh Chauhan)
(pankaj) Judge
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