A petition challenging the appointment of Respondent No. 6 as Aaganbari Karyakatri despite a relative serving in a different center. The court directed dismissal without deciding merits, framing the issue and allowing a fresh representation to the District Programme Officer within two weeks.
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.
| SL. No |
Date | Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures |
COURT’S OR JUDGES’S ORDERS |
|---|---|---|---|
| WPSS No. 316 of 2021 Hon’ble Man oj Ku m ar Tiw ar i, J. |
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| Mr. Sachin Kumar Sharma, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand. There is no representation for respondent no. 6. Heard learned counsel for the parties. Petitioner and respondent no. 6 participated in a selection for appointment as Aaganbari Karyakatri in Village Makkanpur, Center No. 4, Block Bhagwanpur, District Haridwar. The selection process was initiated in the year 2018, in which respondent no. 6 was declared to be successful and she was offered appointment as Aaganbari Karyakatri on 04.11.2019. Petitioner has challenged selection and appointment of respondent no. 6 on the ground that wife of husband’s elder brother (Jethani) of respondent no. 6, namely, Smt. Murti is already serving as Aaganbari Karyakatri; though, in some other Center, therefore, in terms of Government Policy contained in Government Order dated 24.02.2009, respondent no. 6 could not have been appointed as |
| Aaganbari Karyakatri. In the counter affidavit, respondents have |
|---|
| defended the appointment of respondent no. 6 by |
| contending that respondent no. 6 and her_Jethani_ are living separately with their husband and family |
| members. Learned Standing Counsel has drawn |
| attention of this Court to paragraph no. 4 of the |
| Government Order dated 24.02.2009, wherein it |
| has been provided that member of one family shall |
| not be appointed as Aaganbari Karyakatri and |
| Aaganbari Sahayika in the same Aaganbari Center |
| and it has been further clarified that member of |
| the same family will be determined with reference |
| to copy of the family register. |
| Admittedly, respondent no. 6 has been |
| appointed in an Aaganbari Center different from |
| the Aaganbari Center, in which her_Jethani_has |
| been appointed. Whether the prohibition indicated |
| in paragraph no. 4 of the Government Order dated |
| 24.02.2009 will still be attracted in the case of |
| respondent no. 6, is the issue which falls for |
| consideration in this writ petition. Since various other aspects would have to be |
| gone into before taking any decision regarding |
| eligibility of respondent no. 6 for appointment as |
| Aaganbari Karyakatri, therefore, this Court is not |
| inclined to go into these questions, however, |
| having | regard to | the facts of the case, | the writ |
|---|---|---|---|
| petition make r raising |
is dispose epresentati the issues, |
d of with liberty to pet on to District Programm which have been high |
itioner to e Officer lighted in |
| this wr within |
it petition. two weeks |
If such representation from today, the same |
is made shall be |
| placed | before the | authority competent | to take |
| decisio shall respon weeks’ Compe |
n in the mat pass appr dent no. 6, from the da tent Authori |
ter and the Competent opriate order, after as per law, within a per te the same is placed b ty. |
Authority hearing iod of six efore the |
| Arpan | ( Man oj Ku m ar T 06.07.2022 |
iw ar i, J.) |
1 issue framed by the court
Whether the prohibition on appointing members of the same family (including Jethani) as Aaganbari Karyakatri in different centers under Government Order dated 24.02.2009 is attracted in the present fa
1 provisions across 1 enactments
Petitioner
State of Uttarakhand
Respondent No. 6
Manoj Kumar Tiwari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
