HP HC | Court finds a middle ground while resolving a dispute between necessity and fairness, considering ‘a lot of water has flowed’

Himachal Pradesh High Court: Chander Bhusan Barowalia, J. disposed of a petition considering the long litigation between the parties and gave directions to the competent authority.

In the present matter, the petitioner was an unemployed divorced lady who got selected for the post of Anganwadi worker but an appeal was made against the same by the Respondent 4 (who has been working on the post for more than 6 years) which even got accepted and the selection was set aside. Being aggrieved by the said order, the petitioner maintained appeal before the learned Divisional Commissioner, which was dismissed. Thereafter, the petitioner against the impugned order passed by the learned Divisional Commissioner maintained writ petition before the Court. Shalini Thakur, counsel for the petitioner argued that since the petitioner was a divorcee, therefore could not be treated as a member of the family for deciding the income of the family, which was taken as the basis for rejection of appointment. And since she is a single mother she had a son to look after all by herself. While the counsels for the respondents S.C. Sharma, Shiv Pal Manhans and P.K. Bhatti, Additional Advocate Generals with Raju Ram Rahi, Deputy Advocate General, contended that the petitioner has given her father’s address, which makes it evident that she was, in fact, residing with her father. And, that the Tehsildar also gave his findings establishing the same. Further, it was also alleged that the petitioner has remarried.

The Court after taking into consideration the long litigation between the parties, the situation of Respondent 4, who is working for more than 6 years on the post and the fact that the petitioner is a divorcee, who cannot be taken as a family member of her father for the purpose of income held and directed that for the interest of justice to be met the competent authority to consider the case of the petitioner for appointment as Anganwadi worker in and around the place of her residence in near future.[Heera Mani v. State of H.P., CWP No. 2772 of 2017, decided on 21-05-2019]

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