Allahabad High Court
Kamla Singh vs State Of U.P. And Others on 3 September, 2014
Bench: Sudhir Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 34
Case :- WRIT - A No. - 5507 of 2011
Petitioner :- Kamla Singh
Respondent :- State Of U.P. And Others
Counsel for Petitioner :- D. S. Singh,Anand Saurabh
Counsel for Respondent :- C. S. C.,J.K. Srivastava,T.P.Yadav
Hon'ble Sudhir Agarwal,J.
The petitioner has assailed the order dated 27.11.2010 whereby her representation claiming appointment/promotion as Anganwadi Karyakarti has been rejected by the District Magistrate, Azamgarh (Respondent no. 3) and has also challenged selection of Smt. Poonam (Respondent no. 5), vide select list dated 7.8.4.8.2010. The petitioner was appointed as 'Anganwadi Sahayika' in village Panchayat Hatosh Achhepur, district Azamgarh vide order dated 7.5.2015 passed by Bal Vikas Pariyojana Adhikari, Ahraula, Azamgarh (hereinafter referred to as 'BVPA').
By Government Order dated 6.12.2006, 25% posts of Anganwadi Karyakarti were directed to be reserved for Anganwadi Sahayika, who have completed 5 years of service. The aforesaid G.O. was modified by another Government Order dated 5.6.2007 providing that instead of "5-years" service, it shall be read as "2-years". Therefore, Anganwadi Sahayika having completed 2-years service were entitled to be appointed as Anganwadi Karyakarti to the extent of 25% of posts. Claiming promotion on the post of Angawadi Karyakarti in Village Panchayat, Hatosh, Achhepur, Azamgarh, the petitioner submitted an application befor the District Magistrat, Azamgarh requesting for her appointment/promotion vide letter dated 1.7.2010. BVPA selected respondent no. 5 for appointment on the said post whereagainst the petitioner came to this Court in WP NO. 50193 of 2010 which was disposed of vide judgment dated 19.8.2010, directing the District Magistrate to take appropriate decision on petitioner's claim for promotion on the post of Anganwadi Karyakarti.
Thereupon the petitioner submitted fresh representation dated 20.8.2010. In pursuance thereto the impugned order has been passed by the District Magistrate, Azamgarh.
The District Magistrate found that 25% vacancies were to be looked into in the context of entire area within jurisdiction of one BAVP. In the concerned BVPA, Azamgarh there were total 4 vacancies in Ahraula, Pura Dube, Chitauna, Achhepur and Gopal Patti. Obviously out of 4 posts only one could be made available to an Anganwadi Sahayika. The Selection Committee considered all eligible candidates applied and on the basis of BPL status and priority, selected respondent no. 5 who was working as Anganwadi Sahaiyaka for appointment on the post of Anganwadi Karyakarti and, accordingly, she has been appointed. No additional appointment could be made since there was only one vacancy and that has been filled in. There is nothing on record to show that petitioner's merit was higher than respondent no. 5. Since there was only one vacancy, the mere fact that it occurred in Village Panchayat in which petitioner was working as Anganwadi Sahayika, that itself would not confer any right for appointment to the petitioner on the post of Anganwadi Karyakarti giving benefit of 25% quota. The postts of Sahayika have to be looked into by clubbing of various Village Panchayats within one development project.
In the circumstances, I do not find any patent error or otherwise illegality in the order impugned.
In the result, the writ petition lacks merit and is accordingly dismissed.
Order Date :- 3.9.2014/SKS/AKN
