PRADESH AND OTHERS versus PUNRADEVI

Citation: [2015] 4 S.C.R. 154 · Decided: 24-03-2015 · Supreme Court of India · Bench: DIPAK MISRA · Disposal: Appeal(s) allowed

Judgment (excerpt)

[2015]4S.C.R.154 
A 
STATE OF HIMACHAL PRADESH AND OTHERS 
.B 
c 
v. 
PUNRADEVI 
CivilAppeal Nos. 3120-3121 of2015 
MARCH 24, 2015 
[DIPAK MISRA AND PRAFULLA C. PANT, JJ.] 
Service Law- Promotion- Of Anganwari Helper of one centre 
-
To the post of Anganwari Worker in another Anganwari 
Centre - On the basis of communication issued by the 
Director, Social Justice and Empowerment- Held: In view of 
D the communication, the Integrated Child Development 
Scheme rlw the relevant guidelines, Anganwari Helper of one 
centre cannot seek promotion to the postof Anganwari Worker 
of another centre. 
E 
Allowing the appeals, the Court 
HELD: The communication dated 10.05.2012, 
issued by the appellant No. 2 (Director, Social Justice 
and Empowerment to CDPOs of the State Provides that 
F if a post of Anganwari Worker (AWW) falls vacant in an 
Anganwari Centre, Anganwari Helper (AWH) of the same 
centre can be considered for her appointment to the post 
of AWW, giving her priority. Thus, the area of one 
Anganwari Centre is not the feeder area of another 
G Anganwari Centre. The High Court has erred in law in 
unnecessarily interpreting the above provision, to make 
the same applicable for appointment I promotion of AWH 
from one Anganwari Centre to another Anganwari Centre 
by observing that honorarium which was being drawn 
H 
154 
STATE OF HIMACHAL PRADESH AND OTHERS v. 
155 
PUNRA DEVI 
by such candidate shall not be added to her income in A 
the income certificate required for the post. In fact 
communication dated 10.05.2012 does not reflect that 
honorarium is required to be added in the income of AWH 
of that centre for her appointment as AWW in the same 
centre. Therefore, in view of the Integrated Child B 
Development Scheme read with relevant guidelines, the 
High Court has erred in directing the appellants to 
consider the case of the respondent. [Paras 9, 10 and 
12] [160-H; 161-A-D, G] 
CIVILAPPELLATE JURISDICTION: Civil Appeal No. 
3120-3121 of2015 
c 
From the Judgment and Order dated 6.3.2013 of the 
High Court of Himachal Pradesh at Shimla in CWP No. 7879 D 
of 2012-H] and order dated 23.5.2014 in R.P. No. 7126 of 
2013. 
Suryanarayana Singh,AAG, Pragati Neekhra for the 
Appellants. 
E 
The Judgm~nt of the Court was delivered by 
PRAFULLA C. PANT, J. 1. Leave granted. 
2. These appeals arise out of judgment and order dated 
F 
6.3.2013, passed by the High Court of Himachal Pradesh at 
Shimla in CWP No. 7879 of 2012-H whereby the High Court 
has disposed of said writ petition allowing the respondent 
(writ petitioner), who isAnganwari Helper atAnganwari Centre, G 
Chari, to the post of Anganwari Worker in Anganwari Centre, 
Hardeeppur. The review petition filed by the appellants 
before the High Court has also been dismissed vide order 
dated 23.5.2014. The same is also challenged before us. 
H 
156 
SUPREME COURT REPORTS 
[2015] 4 S.C.R. 
A 
3. Heard learned counsel for the appellants. No one 
turned up on beh:::ilf of the respondent even after sufficient 
service reported on her. 
4. Brief facts of the case are that respondent Punra 
B Devi was appointed on 13.8.2007 as Anganwari Helper in 
Anganwari Centre, Chori, District Kangra, Himachal Pradesh. 
There are two Anganwari Centres, namely, Anganwari Centre, 
Chori and Anganwari Centre, Hardeeppur, which fall within 
the limits of village panchayat Lagnru. Appellant No. 2, 
C Director, Department of Social Justice and Empowerment, 
Himachal Pradesh, Shimla, issued communication dated 
10.5.2012 to all Child Development Project Officers 
(C.D.P.Os) of the State informing that in case the post of 
D Anganwari Worker (AWW) falls vacant in any Anganwari 
Centre, the Anganwari Helper (AWH) working at the same 
centre can also be considered on priority basis for 
appointment to the post of AWW. Claiming the benefit of 
above communication, respondent submitted her application 
E for the post of AWW in Anganwari Centre, Hardeeppur, to 
Child Development Project Officer (CDPO) Dehra, District 
. Kangra, Himachal Pradesh. She also made a representation 
to appellant No. 2 seeking her appointment on the above 
mentioned post. When her request 
was not accepted, she 
F filed writ petition (CWP No. 7879 of 2012) before the High 
Court seeking following reliefs: -
"i. That the respondents may very kindly be 
directed to consider the petitioner for appointment 
G 
to the post of Anganwari Worker in Anganwari 
Centre Hardeeppur under the Child Development 
Project Officer,

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