High CourtsDivision Bench(2016) 01 SHI CK 0078

Swaran Lata vs State of Himachal Pradesh and Others

High Court Of Himachal Pradesh · Decided on 2 January 2016 · Citation: (2016) LIC 878

HON’BLE JUDGES
Mansoor Ahmad Mir, C.J. and Tarlok Singh Chauhan, J.
RESULT
Allowed
CASE NUMBER
LPA No. 166 of 2015

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Judgment

7 paragraphs · 216 words

Mansoor Ahmad Mir, C.J.

1.

Subject-matter of this appeal is the judgment and order, dated 19.08.2015, made by the learned single Judge in CWP No. 4423 of 2013, titled as Ms. Swaran Lata v. State of Himachal Pradesh and others, whereby the writ petition filed by the writ petitioner-appellant came to be transferred to the H.P. State Administrative Tribunal (for short "the Tribunal) (hereinafter referred to as "the impugned judgment"). The grievance projected in this appeal is that the post of Anganwari Worker is not a civil post and the Tribunal has no jurisdiction to entertain such cases.

2.

The post of Anganwari Worker is not a civil post in view of the law laid down by the Apex Court in the case titled as State of Karnataka and others v. Ameerbi and others, reported in , (2007) 11 SCC 681.

3.

Having said so, the impugned judgment is set aside and the appeal is allowed and the writ petition is ordered to be restored to its original number.

4.

List the writ petition for hearing before the learned single Judge, having the Roster, on 1st March, 2016.

5.

Send for the record from the Tribunal.

6.

Registry is directed to convey the order to the Tribunal. Pending applications, if any, are also disposed of accordingly.