Sumna Devi vs State Of H.P. & Ors on 30 July, 2015

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Himachal Pradesh High Court

Sumna Devi vs State Of H.P. & Ors on 30 July, 2015

Bench: Rajiv Sharma

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
                                                               CWP No. 445 of 2015.
                                                                 Reserved on: 28.7.2015
                                                                   Decided on:       30.7.2015.




                                                                                      .

               Sumna Devi                                                           ......Petitioner.
                                         Versus
               State of H.P. & ors.                                                 .......Respondents.





    Coram
    The Hon'ble Mr. Justice Rajiv Sharma, Judge.
    Whether approved for reporting? 1     No.
    For the petitioner:                  Mr. R.L.Chaudhary, Advocate and Mr. H.R.Sidhu, Advocate.
    For the respondents:               Mr. Parmod Thakur, Addl. AG with Mr. Neeraj K. Sharma,





                                       Dy. AG for the respondent-State.
                                       Mr. Ajay Sharma, Advocate, for respondent No. 5.
    ----------------------------------------------------------------------------------------------
    Justice Rajiv Sharma, J.

The petitioner was selected to the post of Anganwari Worker in Anganwari Centre, Sayokar, Distt. Hamirpur, H.P. She joined her duties on 8.8.2007. The appointment of the petitioner was assailed by respondent No. 5. Respondent No. 3, allowed the appeal on 6.2.2008. The petitioner filed an appeal against the order dated 6.2.2008 before the learned Divisional Commissioner, Mandi. The learned Divisional Commissioner, Mandi allowed the same on 25.6.2008. Thereafter, the appointment of the petitioner was assailed in CWP No. 1792 of 2008 before this Court. The order of the learned Divisional Commissioner, Mandi, dated 25.6.2008, was set aside by this Court on 5.11.2012. The Deputy Commissioner, Hamirpur, was directed to decide the case afresh.

Respondent No. 3-Deputy Commissioner, Hamirpur, decided the case afresh on 16.5.2013 and ordered the holding of fresh interviews. Fresh 1 Whether reporters of the local papers may be allowed to see the judgment?

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interviews were held on 17.1.2014. The Selection Committee selected the petitioner. The Selection Committee has given 3 extra marks of experience .

of Anganwari Worker to the petitioner.

2. The appointment of the petitioner, on the basis of interview held on 17.1.2014, was assailed by respondent No. 5, before the Deputy Commissioner. The Deputy Commissioner, Hamirpur, on 17.12.2014, set aside the selection of the petitioner, by holding that since the appointment of the petitioner in the year 2007 was declared illegal, she could not be given 3 extra marks for experience. Hence, this petition.

3. Mr. R.L.Chaudhary, Advocate, appearing on behalf of the petitioner, has vehemently argued that since the petitioner has worked for number of years as Anganwari Worker, she has rightly been given marks for experience. There is no merit in his contention. Since the appointment of the petitioner was void ab initio, she was not entitled to get three marks for experience. There is neither illegality nor any perversity in the order dated 17.12.2014, passed by the Deputy Commissioner, Hamirpur.

4. Accordingly, there is no merit in this petition and the same is dismissed, so also the pending application(s), if any.

    July 30, 2015,                                              ( Rajiv Sharma ),
      (karan)                                                          Judge.




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