The court dismissed a Writ Petition challenging an Anganwari Worker's appointment. Holding recruitment governed by a Central scheme rather than statute, the court found the petition non-maintainable due to lack of statutory violation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.13548 of 2012 (O&M) Date of decision:20.07.2012
Rajwant Kaur
....Petitioner
Vs.
State of Punjab and others
....Respondents
Present: Mr. M.S. Rai, Advocate for the petitioner.
CORAM: HON'BLE MR. JUSTICE TEJINDER SINGH DHINDSA
Tejinder Singh Dhindsa, J (Oral)
The challenge in the present writ petition is to the order dated 19.04.2012 (Annexure P-9), whereby, respondent No.7 is stated to have been appointed as an Anganwari Worker. The petitioner claims that such appointment has been made in derogation of her own rights to have been appointed on such post.
The recruitment to the post of Anganwari Worker is not governed by any statute. Such appointment to the post of Anganwari Worker are being made in pursuance to a scheme formulated by the Central Government. Such position infact has been noticed by the Hon'ble Supreme Court in Dipitimayee Parida Vs. State
of Orissa & others 2008 (4) SCT 568.
As such, since the order impugned in the present writ petition and further the directions sought for, do not flow from the violation in terms of the mandate of any statute, the petition itself is held to be not maintainable.
Civil writ petition, accordingly, is dismissed.
(TEJINDER SINGH DHINDSA) JUDGE
July 20, 2012 harjeet
2 issues framed by the court
Whether a writ petition challenging an appointment of an Anganwari Worker is maintainable in absence of any statutory governing the recruitment.
Whether the appointment violates any statutory mandate.
Colour shows how this judgement treated each authority
Dipitimayee Parida Vs. State of Orissa & others 2008 (4) SCT 568.Referred¶13
Rajwant Kaur
State of Punjab
Tejinder Singh Dhindsa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
