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(2021) Law Today Live Doc. Id. 16087
Decided on: 26.03.2021
(Heard through Video-Conferencing)
Present:
Mr. Rajesh Gupta, Advocate for the petitioner.
Constitution of India, Article 226 – Anganwari helper – Consideration for Anganwari Worker – Ignoring seniority and better qualification – Writ disposed of with a direction to the Director, Social Security and Development of Women and Children, Punjab, to look into and deal with/decide the said legal notice of the petitioner in accordance with law/relevant rules or regulations, by passing a speaking order thereon, within a period of three months.
(Para 1, 5)
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MEENAKSHI I. MEHTA J. (ORAL) –
1. By way of this petition, the petitioner has approached this Court for seeking the relief of issuance of a writ in the nature of certiorari quashing the action of respondents No.1 to 5 in considering respondents No.6 and 7 for the post of Anganwari Worker and taking the work of the said post from them while ignoring her in spite of the fact that she is better qualified and senior to both of them and she has made a further prayer to direct the official respondents to consider her name for the post of Anganwari Worker, while averring that she has been working as Anganwari Helper since the year 2007 and has done graduation as well as Diploma in Information Technology and Computer Teachers' Training Course (CTTC) whereas, both the private respondents are junior to her in service and are having lesser educational qualification than her and though she has already served a legal notice dated 08.12.2020 (Annexure P-5) to the respondents for seeking the redressal of her grievance, but the same has not yet been decided.
2. Ms. Anu Chatrath, Additional Advocate General, Punjab, has joined the proceedings in this case on behalf of respondents No.1 to 4, in pursuance of the copies of this petition having been sent to the respondent-State in advance.
3. Learned counsel for the petitioner submits that the petitioner would be satisfied in case a direction is given to respondent No.2 to look into and deal with/decide her said legal notice (Annexure P-5) within some specific time-frame.
4. Learned State counsel has no objection for the same.
5. Keeping in view the above-discussed limited prayer of learned counsel for the petitioner and without commenting upon the merits of the matter in hand, the present writ petition is hereby disposed of with a direction to respondent No.2-The Director, Social Security and Development of Women and Children, Punjab, to look into and deal with/decide the said legal notice of the petitioner (Annexure P-5) in accordance with law/relevant rules or regulations, by passing a speaking order thereon, within a period of three months from the date of receipt of the certified copy of this order.
6. This petition stands disposed of accordingly.
Order accordingly.
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