Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:1395
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 129 of 2025 1 - Smt. Sanju Patel W/o Shri Parmeshwar Patel Aged About 23 Years R/o Village Laduwa Gram Panchayat - Larangpur Tahsil Pandariya District - Kabirdham (C.G.)
... Petitioner versus 1 - State Of Chhattisgarh Through The Secretary Ministry Of Women And Child Development Mantralaya Mahanadi Bhawan Atal Nagar Nawa
Raipur
District
-
Raipur
(C.G.) 2 - The Drector Directorate Of Women And Child Development Chhattisgarh Block - 1 Second Floor Indravati Bhawan Atal Nagar Nawa Raipur
District
-
Raipur
(C.G.) 3 - The Collector Kawardha District - Kabirdham (C.G.) 4 - District Programme Officer Women And Child Development Department
Kawardha
District
-
Kabirdham
(C.G.) 5 - Project Officer Integrated Child Development Services Pandariya District
-
Kabirdham
(C.G.) 6 - Smt. Saraswati Patel W/o Shri Ajay Patel Aged About 27 Years Digitally signed by RAVI SHANKAR MANDAVI
2 Working As Anganwadi Sahayika Laduwa Center No. 1, R/o Village Laduwa Gram Pandariya District - Kabirdham (C.G.)
... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Keshav Dewangan, Advocate For State/Respondent(s) : Ms. Akanksha Verma, Panel Lawyer Hon'ble Shri Justice
Amitendra Kishore Prasad, J
Order on Board 09/01/2025
1. Heard Mr. Keshav Dewangan, learned counsel for the petitioner as well as Ms. Akanksha Verma, learned Panel Lawyer for respondent/s.
2. By this petition, this petitioner has sought following relief :
“10.1 That, this Hon'ble Court may kindly be pleased to quash/set-aside the impugned order dated 20.06.2024 (Annexure P-1). 10.2 That, this Hon'ble Court may kindly be pleased to quash/set-aside the joining of the respondent No.6 after set-aside the appointment dated
20.06.2024. 10.3 That, this Hon'ble Court may kindly be pleased to direct the respondent authorities to issue appointment order in favour of the petitioner as she is next candidate in the waiting list. 10.4 That, this Hon'ble Court may kindly be pleased to grant any other relief/relief's in favour of the petitioner, which the Hon'ble Court deemed fit & just in the facts and circumstances of the case.”
3.
Learned counsel for the petitioner submitted that on 28.12.2022
3 the respondent No.5 issued a letter to announce in the village to invite applications for the vacancies of Anganwadi Worker/Sahayika and on 03.01.2023 the petitioner submitted her application for the post of Anganwadi Sahayika, Laduwa Centre No.1, R/o Village Laduwa, Gram Panchayat Larangpur, Tahsil - Pandariya, District Kabirdham (C.G.). The respondent No.6 also applied for the same. After the scrutiny of the applications, on 14.02.2024 the respondent No.5 issued a letter to the respondent No.6 to submit poverty line certificate on the basis of Sociol- Economic and Caste Census (SECC), 2011. Thereafter the respondent No.6 has not submitted a proper poverty line certificate of her own name. She produced such a poverty line certificate which is in the name of Banku who is father-in-law of the respondent No.6. Her name is not mentioned as family member in the aforesaid poverty line certificate. Despite this, the poverty line certificate was accepted and for this certificate, the respondent No.6 was given 6 additional marks, on the basis of which the respondent No.6 was appointed as Anaganwadi Sahayika and in compliance of the same, the respondent No. 6 joined her duties on 04.07.2024 in the office of respondent department.
4. After arguing at length, the learned counsel for the petitioner fairly submitted that there is an alternative remedy available under the law, which the petitioner has not availed. The petitioner may be granted permission to withdraw this petition with a liberty to avail
4 alternative liberty available under the law. As the impugned order was passed on 20.06.2024, the respondent authorities may kindly be directed to consider the appeal to be filed before the Collector on some earlier date.
5. Learned State counsel has not opposed the argument advanced by the learned counsel for the petitioner.
6. Considering the fair prayer made by the learned counsel for the petitioner, the petitioner is permitted to withdraw this petition with a liberty to file appeal before the competent authority and the competent authority is further directed to decide the case of the petitioner in expeditious manner.
7. With the aforesaid observation and directions, the instant petition is dismissed as withdrawn.
Sd/-
(Amitendra Kishore Prasad) Judge
Ravi Mandavi