This order addresses the maintainability of a petition contesting an appointment decision. The court held the application is not maintainable as an Anganwari Worker is a volunteer, stating the remedy of appeal is available instead.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writs No. 1131/2018
Neelam Kumari Wife Of Shri Veer Bahadur Singh, By Caste Lodha Obc , Resident Of Naya Gaon, Tehsil Roopwas, District Bharatpur
----Petitioner
Versus
----Respondents
For Petitioner(s) : Mr. Raj Kumar Goyal For Respondent(s) :
HON'BLE MR. JUSTICE VEERENDR SINGH SIRADHANA
Order
25/07/2018
Learned counsel for the petitioner submits that controversy raised in the instant writ application is with reference to appointment of Anganbari Worker. In the case of Sushila Devi Sharma Vs. State of Rajasthan & Ors.: SBCWP No. 11928/2014 , it has been held that Anganbari Worker not being holder of a civil post and only a volunteer, who is paid stipend or an honorarium; no writ will lie.
In view of the above, writ application is not maintainable. However, petitioner would be entitled to avail of remedy of appeal
(2 of 2)
[CW-1131/2018]
available under the scheme carved out by the State-respondents for appointment of Anganbari Workers.
In case, appeal is instituted by the petitioner within two weeks hereinafter; the Appellate Authority shall consider the same on merits.
(VEERENDR SINGH SIRADHANA),J
Pooja/55
1 issue framed by the court
Whether the present writ application regarding the appointment of an Anganwari Worker is maintainable.
Colour shows how this judgement treated each authority
Sushila Devi Sharma Vs. State of Rajasthan & Ors.Referred¶15
Sushila Devi Sharma Vs. State of Rajasthan & Ors.: SBCWP No. 11928/2014
Neelam Kumari
State Of Rajasthan Through The Director, Women And Child Project Department
The Deputy Director, Women And Child Project Department
The Child Development Project Officer
Smt. Uma Bharti
Veerendra Singh Siradhana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
