Writ petition challenging appointment process for Sahaiyaka post. Court disposed of petition granting liberty to file appeal against impugned order while interim stay continued.
Liberty to file appeal before First Appellate Authority within two weeks against order dated 26.01.2022.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil Writ Petition No. 1169/2022
Saroj Devi W/o Shri Dheer Singh, Aged About 35 Years, R/o Ward No. 11, Pushpa Nagar, Madho Ka Bas, Village Panchayat Bhadwadi, Panchayat Samiti Khandela, District Sikar.
----Petitioner
----Respondents
| For Petitioner(s) For Respondent(s) |
: Mr. DilipSingh : Ms. Priyanka Pareek |
|---|
HON'BLE MR. JUSTICE INDERJEET SINGH
Order
12/04/2022
This writ petition has been filed by the petitioner with the
following prayer:-
“It is, therefore, most humbly prayed that Your Lordships may graciously be pleased to admit and allow this writ petition; call for and examine entire record of the case and
a) By an appropriate writ, order and direction in the nature thereof thereby the impugned Advertisement dated 23.11.2021 so far as it relates to the post of Sahaiyaka in Anagnwari Center Suratram ka Bas/Dhani, Gram Panchayat Bhadwadi, Panchayat Samiti Khandela District Sikar may kindly be quashed and set aside.
(2 of 3)
[CW-1169/2022]
b) By an appropriate writ, order and direction in the nature thereof thereby the respondents may kindly be directed to give appointment to the petitioner on the post of Sahaiyaka at Anaganwari Center Suratram ka Bas/ Dhani, Gram Panchayat Bhadwadi, Panchayat Samiti Khandelas District Sikar in pursuance to the Advertisement dated 30.7.2020 with all consequential benefits.
c) Any other relief as this Hon’ble Court may deem fit and proper be also passed in favour of the petitioner.”
While issuing notice to the respondents on 27.01.2022, this
court passed the following order:-
“Learned counsel for the petitioner submits that there were two applicants, herself and Smt. Priyanka Kumari for appointment on the post of Aanganbadi Sahayika at Aanganbadi Kendra, Suratram Ka Bas, Khandela, District Sikar and after appointment of Smt. Priyanka Kumari as Aanganbadi Karyakarta, she remains only eligible candidature for appointment. He submits that without according her appointment, the respondents have invited fresh applications vide advertisement dated 23.11.2021.
Issue notice of the writ petition as well as of stay application. Rule is made returnable by two weeks. Notices may also be given “Dasti”.
Heard learned counsel for the petitioner on interim relief.
Taking into consideration the contentions advanced by learned counsel for the petitioner and the material on record, this Court deems it just and proper to restrain the respondents from appointment on the post of Aanganbadi Sahayika at Aanganbadi Kendra, Suratram Ka Bas, Khandela, District Sikar, if not already appointed, till further orders.”
Counsel for the respondents submitted that prior to passing of the order dated 27.01.2022, the respondents had already approved the name of Smt. Babita Kumari in their meeting held on 26.01.2022 for appointment on the post of Aanganbadi Sahayika.
(3 of 3)
[CW-1169/2022]
Counsel further submits that remedy of filing the appeal is available to the petitioner against the order dated 26.01.2022.
In that view of the matter, I dispose of this writ petition with liberty to the petitioner to file appeal before the First Appellate Authority within a period of two weeks from today against the order dated 26.01.2022. The Appellate Authority is directed to decide the appeal within a period of thirty days thereafter. Interim order to continue till disposal of appeal by the Appellate Authority.
(INDERJEET SINGH),J
JYOTI /43
Saroj Devi W/o Shri Dheer Singh
State Of Rajasthan
INDERJEET SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
