Uttarakhand High Court
SPA/554/2018 on 21 July, 2025
Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
2025:UHC:6361-DB
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SPA/554/2018
Hon'ble Manoj Kumar Tiwari, J.
Hon'ble Subhash Upadhyay, J.
1. Mr. Devendra Singh Bohra, Standing Counsel
for the State/appellant.
2. Mr. D.S. Mehta, Advocate for the respondent
no.1.
3. This is Delay Condonation Application CLMA
No.10312 of 2018 filed by the State/appellant for
condoning the delay of 98 days in filing the
appeal.
4. In view of reasons indicated, delay is
condoned. Delay Condonation Application stands
allowed.
5. This intra-court appeal is filed by the State
challenging the final order dated 06.03.2018
passed by learned Single Judge in WPSS No.1657
of 2011. Impugned judgment is reproduced
below:-
"Mr. D.S. Mehta, Advocate for the
petitioner.
Mr. P.C. Bisht, Standing Counsel for the
State.
The petitioner is working as Aaganwari
Karyakarti. She is seeking the promotion to the
post of Supervisor.
The case of the petitioner has not been
considered only on the ground that she is
2025:UHC:6361-DB
overage.
There is always provision of relaxation.
The writ petition is disposed of directing
the respondents to consider the case of the
petitioner for promotion to the post of
Supervisor by relaxing upper age limit of 45
years, if otherwise petitioner is eligible and
qualified to remove stagnation.
Pending application, if any, stands
disposed of accordingly."
6. State has challenged the order passed by
learned Single Judge, mainly on the ground, that
the post of Supervisor is not to be filled by
promotion but by direct recruitment alone.
7. The applicable Recruitment Rules are
enclosed with the counter affidavit as Annexure-1.
Rule 5(4) of the said Rules deals with recruitment
for the post of Supervisor (Mukhya Sevika). Rule
5(4)(1) provides that 50% of the post of Mukhya
Sevika shall be filled by direct recruitment based
on a competitive examination. Rule 5(4)(2)
provides that 50% of the post of Mukhya Sevika
shall be filled by appointment of such Aaganwadi
Karyakarti who have passed high school or
equivalent examination and have rendered more
than 10 years of continuous service as Aaganwadi
Karyakarti and have not attained 45 years of age
on the first day of the recruitment year.
8. Although, Rule 5(4)(2) also uses the
expression 'Direct Recruitment', however, since
under the said provision, only Aaganwadi
Karyakarti are to be considered for appointment as
Mukhya Sewika and candidates from open market
2025:UHC:6361-DB
are not to be considered, therefore, even if
learned Single Judge has used the expression
'promotion' in the impugned order, that itself will
not be sufficient to interfere with the order passed
by learned Single Judge. Thus, the direction issued
by learned Single Judge can be construed as
direction to consider claim of writ petitioner
(respondent no.1 herein) for appointment as
Mukhya Sevika under Rule 5(4)(2) of the
applicable Recruitment Rules.
9. Learned counsel for the parties are
unanimous on the point that age limit of 45 years,
prescribed under Rule 5(4)(2) of the applicable
Rules, has now been increased to 59 years by an
amendment made in 2024.
10. For the aforesaid reason, we decline to
interfere with the impugned judgment and direct
the authorities to examine claim of the writ
petitioner for appointment as Mukya Sevika under
Rule 5(4)(2) of the applicable Rules.
11. Subject to the above, present appeal is
disposed of.
(Subhash Upadhyay, J.) (Manoj Kumar Tiwari, J.)
21.07.2025 21.07.2025
Rajni
RAJINI
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Date: 2025.07.22 11:12:45 +05'30'
