Himachal Pradesh High Court
Smt.Sapna Kumari Wife Of Sh.Sonu Kumar vs State Of H.P. And Others. ... on 6 November, 2015
Author: P.S. Rana
Bench: P.S. Rana
IN THE HIGH COURT OF HIMACHAL PRADESH
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SHIMLA:
CWP No.6867 of 2014
Date of Order: 6.11.2015.
Smt.Sapna Kumari wife of Sh.Sonu Kumar. .....Petitioner.
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Vs:
State of H.P. and others. ....Non-petitioners.
Coram:
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The Hon'ble Mr.Justice P.S.Rana, Judge.
Whether approved for Reporting?1yes
For the petitioner: Mr.Ajay Sharma, Advocate.
For Non-petitioners
No.1 to 3: Mr. J.S.Rana, Assistant Advocate
General.
For non-petitioner-4. None.
For non-petitioner-5: Mr.Sunil Goel, Advocate.
P.S.Rana Judge.
ORDER:Present petition is filed under Articles 226/227 of Constitution of India with prayer that impugned order 1 Whether reporters of Local Papers may be allowed to see the judgment?yes.
::: Downloaded on - 15/04/2017 19:19:50 :::HCHP 2dated 26.8.2013 Annexure: P-2 passed by learned Deputy .
Commissioner Kangra District at Dharamshala be quashed and set aside and direction be issued to non-petitioners to allow petitioner to continue to serve as Anganwari worker in Anganwari Centre Jhakrehar.
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2. Hon'ble Division Bench of High Court of HP on dated 25.2.2015 admitted Civil Writ Petition No. 6867 of 2014 with the direction that question whether post in rt dispute is civil post and whether post in dispute is in discharge of duties in the affairs of State would be decided at the time of hearing as preliminary objection.
3. In compliance to directions of Hon'ble Division Bench of H.P. High Court Court heard learned Advocate appearing on behalf of petitioner, learned Assistant Advocate General appearing on behalf of co-respondents No. 1 to 3 and learned Advocate appearing on behalf of co-respondent No.5 and Court also perused the record carefully.
4. Section 3 of Administrative Tribunals Act 1985 defines post in Section 3(k) and defines service in Section 3
(p) and define service matters in Section 3 (q). It is held that Section 3 of Administrative Tribunals Act 1985 has classified ::: Downloaded on - 15/04/2017 19:19:50 :::HCHP 3 three types of services i.e. (1) Post (2) Service (3) Service .
matters.
5. Section 3(q) of Administrative Tribunal Act 1985 defines service matters which is quoted in toto.
3(q) "Service matters" in relation to a person, of means all matters relating to the conditions of his service in connection with the affairs of the Union or of any State or of any local or other authority within the territory of India or under rt the control of the Government of India or as the case may be of any corporation (or society) owned or controlled by the Government.
(i) Remuneration (including allowances) pension and other retirement benefits.
(ii) Tenure including confirmation, seniority, promotion, reversion, premature retirement and superannuation.
(iii) Leave of any kind.
(iv) Disciplinary matter
(v) Any other matter whatsoever.
6. Section 3(q) of Administrative Tribunals Act 1985 is saved as per saving clause mentioned in Section 15 of Administrative Tribunals Act 1985. Administrative Tribunals Act 1985 is a special Act relating to service matters ::: Downloaded on - 15/04/2017 19:19:50 :::HCHP 4 only. It is well settled law that when there is conflict between .
general Act and special Act then special Act always prevail.
As per Section 29 of Administrative Tribunals Act 1985 all pending matters should be transferred to Administrative Tribunal after the operation of State Administrative Tribunals of or Central Administrative Tribunal.
7. It is held that service of Anganwari workers is public utility service which directly deals with general public rt and it is held that service of Anganwari workers is connected with the affairs of State or local authority which is directly under the control of the State Government. It is held that remuneration also paid to Anganwari workers from public exchequer which is directly under the control of State Government. It is well settled law that all public utility services under the control of State Government are connected with affairs of State.
8. In view of above stated facts (1) It is held that Anganwari worker is not holding civil post. (2) It is held that service of Anganwari worker falls within the definition of service matters as defined under section 3(q)(v) of Administrative Tribunals Act 1985. It is held that Anganwari ::: Downloaded on - 15/04/2017 19:19:50 :::HCHP 5 worker post is directly connected with affairs of State as .
public utility service.
9. H.P. Administrative Tribunal came into operation as per notification No. GSR 926-E dated 29.12.2014 issued in gazette of Union of India.
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10. Thereafter vide notification No. Per(AP-B) (B)(15)4/2015 dated 25.3.2015 issued by H.P. State Government Administrative rt Tribunal Act 1985 became operative upon local or other authorities or Corporation or Societies controlled or own by State Government.
11. Petitioner has alternative efficacious remedy under special Act i.e. Administrative Tribunal Act 1985. It was held in case reported in Judgment Today 2015(4)SC 576 titled Union of India and others vs. Major General Srikant Sharma and another that when alternative statutory remedy is available then writ should not be entertained. Also see JT 2013(11) SC 387 titled Commissioner of Income Tax and others vs. Chhabil Dass Aggarwal. Also see 1997 (3) SCC 261 titled C. Chander Kumar vs. Union of India.
12. Present case is transferred to State Administrative Tribunals Act 1985 under Section 29 of The ::: Downloaded on - 15/04/2017 19:19:50 :::HCHP 6 Administrative Tribunal Act 1985. Be listed before the H.P. .
State Administrative Tribunal for effective hearing on 16th November 2015.
of (P.S.Rana), Judge.
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