Himachal Pradesh High Court
Smt. Salochna Devi vs State Of H.P. & Others on 3 August, 2018
Author: Tarlok Singh Chauhan
Bench: Tarlok Singh Chauhan
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 1401 of 2016 .
Date of decision: 03.08.2018 Smt. Salochna Devi ...... Petitioner Vs. State of H.P. & others ..... Respondents Coram The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
Whether approved for reporting? No 1
For the petitioner : Ms. Ritika Jassal, Advocate, vice
Mr. Anup Rattan, Advocate.
For the respondents : Mr. Vinod Thakur, Addl. Advocate
General,with Mr. Bhupinder Thakur,
Dy. Advocate General, for
respondents No. 1 to 5.
Mr. Parveen Chauhan, Advocate, for
respondent No.6.
Tarlok Singh Chauhan, Judge (Oral).
The selection of the petitioner as Anganwari Helper on 9.8.2007 at Anganwari Centre, Jolna Khas, Tehsil Chowar, District Chamba, H.P. was assailed by respondent No.6 before the then Deputy Commissioner, Chamba, who accepted the appeal vide order dated 4.9.2008 and set-aside her appointment. Thereafter, 1 Whether the reporters of the local papers may be allowed to see the Judgment?yes ::: Downloaded on - 04/08/2018 22:59:56 :::HCHP ...
the petitioner filed appeal against the aforesaid order before the Divisional Commissioner, Kangra Division at Dharamshala, who .
upheld the same.
2. Feeling aggrieved and dis-satisfied, the petitioner challenged the order dated 22.5.2010 passed by the then Divisional Commissioner, Kangra at Dharamshala before this Court in CWP No. 1733 of 2008 which was allowed and the authorities were directed to consider the case afresh.
3. It was pursuant to the directions of this Court that the Additional District Magistrate, Chamba thereafter decided the case vide his order dated 29.2.2012 and held that the petitioner was not eligible for selection to the post in question on account of her being outside the feeding area. This order in turn was assailed before the Divisional Commissioner, Kangra at Dharamshala, who vide his order dated 30.12.2015 upheld the order passed by the Additional District Magistrate, Chamba.
4. It is this decision that has been assailed by the petitioner in the instant writ petition as is evident from the prayer clause, which reads thus:
"(i) That the impugned order dated 30.12.2015 passed in Case No.59/2012 by the Divisional Commissioner, Kangra Division at Dharamshala and that of order dated 29.2.2012 ::: Downloaded on - 04/08/2018 22:59:56 :::HCHP ...
passed in File No.70/59-CBA-3-XIII-A/11 by the Additional District Magistrate, Chamba, District Chamba, may kindly be quashed and set-aside in the interest of justice and fair .
play."
5. However, when the case was taken up today for hearing, learned Additional Advocate General placed on record the instructions received by him from respondent No.2, wherein it is stated that the petitioner as on date is not eligible for the post in question as she has attained the maximum age of 45 years prescribed for the engagement of Anganwari Helper as per the notification dated 29.02.2016. This fact is not even disputed by learned counsel for the petitioner. Therefore, no relief otherwise can be granted to the petitioner even if the writ petition was eventually to be allowed.
6. In this view of the matter, all the questions as raised in this petition have been rendered academic. Accordingly, the writ petition is disposed of as having been rendered infructuous, leaving the parties to bear their own costs. The pending application(s) if any, also stands disposed of.
3rd August, 2018 ( Tarlok Singh Chauhan ),
(GR) Judge
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