Wp 9200/2010 1 IN THE HICH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9200/2010 Parvati S.Nandargi Petitioner Vs. The State of Maharashtra & Ors. Respondents Mr.Ajay Pawar a/w Mr.J.G.Reddy for petitioner Mr.V.D.Patil ,Govt.Pleader for Res.1 CORAM- A.M.KHANWILKAR AND MRS.MRIDULA BHATKAR,JJ. DATE - 8th MARCH,2011 P.C. . Heard counsel for the parties. 1 Rule , made returnable forthwith by consent of the parties. 2 As short question is involved the petition is taken up for final disposal by consent of the parties. 3 The challenge in this petition is to the communication issued by the Child Development Project Officer dated 15/9/2010 calling upon the petitioner to submit her Wp 9200/2010 2 resignation from the post of Anganwadi Sevika for village Hattikanbas ,Taluka Akkalkot ,Dist.Solapur on or before 24/10/2010. This direction has been issued to the petitioner essentially on the basis of Government Resolution dated 5/8/2010 . Learned Government Pleader in all fairness points out that similar challenge was considered by the another Division Bench of this Court in Writ Petition no. 7693/2010 decided on 23/2/2011 in the case of Anganwadi Karmachari Sabha (Maharashtra) Vs.The State of Maharashtra and another . As a matter of fact the said petition was filed in representative capacity by the Sabha. This Court in paragraph -2 has clearly opined that the Government Resolution cannot be applied retrospectively but shall be applicable with prospective effect. That finding will bind the respondent. If it is so the petitioner having been elected prior to the issuance of the Government Resolution dated 5/8/2010 question of petitioner being asked to resign from the post of Anganwadi Sevika on the basis of the stipulation in the said Government Resolution dated 5/8/2010 does not arise. Accordingly the petitioner ought to succeed in so far as prayer clause (B) is concerned. Wp 9200/2010 3 4 However, at the same time we make it clear that , whether by continuing as Anganwadi Sevika ,the petitioner, would incur any disqualification under the provisions of the Village Panchayat Act is a matter which will have to be considered in appropriate proceedings . We express no opinion in that behalf. The petition is accordingly allowed with the above observations in terms of prayer clause (B). Petition is disposed of accordingly . (MRS.MRIDULA BHATKAR,J.) (A.M.KHANWILKAR ,J.)