IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. (SS) 947 of 2011 Smt. Meenakshi Saini ….Petitioner Versus State of Uttarakhand and another ….Respondents With Writ Petition No. (SS) 417 of 2011 Smt. Soran ….Petitioner Versus State of Uttarakhand and another ….Respondents Present : Ms. Neetu Sigh, Advocate for the petitioner. Mr. N. P. Sah, Learned Standing Counsel for the State of Uttarakhand. Sudhanshu Dhulia, J. (Oral) Heard Ms. Neetu Singh, Advocate for the petitioner and Mr. N. P. Sah, Standing Counsel for the State of Uttarakhand. The petitioners were candidates for the post pf Angan Bari Worker. A Government order was passed on 24.2.2009 whereby Angan Bari Workers are appointed at different Angan Bari Centres. The aforesaid order also prescribes the procedure by which selections are made and thereafter the dispute pertaining to re-selection is to be disposed of at the level of District Programme Officer and also at the level of appellate authority which has been constituted as per the aforesaid government order. The petitioners in the above writ petitions apparently 2 were candidates for Angan Bari Karykarti in Angan Bari Centre, Salempur 24 Rajputana in District Haridwar. By an interim order of this Court in writ petition no. 417 of 2011 (SS), the following orders were passed: “Mr. Parikshit Saini, Advocate present for the petitioner. Heard. Admit. Mr. N. P. Sah, Standing Counsel, present for the State of Uttarakhand, has accepted notices on behalf of respondent nos. 1 and 2. Issue notice to respondent no.3 to be returnable within three weeks. Steps to be taken within one week. Learned Standing Counsel seeks three weeks’ time to file counter affidavit. Time is granted. Rejoinder affidavit be filed within two weeks thereafter. List this matter on 1.7.2011 in the daily cause list. The petitioner was selected as an Angabari Worker for an Anga Bari Centre vide order dated 15/16.3.2011 and the petitioner has further averred in paragraph 9 of the writ petition that on 1.4.2011 she formally joined and thereafter without giving an opportunity of hearing to her the order by which the petitioner was appointed has been stayed. Therefore, prima facie it appears to be in violation of principles of natural justice and fair play. As an interim measure, it is directed that until further order of this Court the effect and operation of order dated 13.4.2011 shall remain stayed.” Consequent to said order, this order has adversely affected Smt. Meenakshi who has now been removed. The petitioner in writ petition no. 947 of 2011 prays that by means of interim order dated 11.5.2011, the Child Development Project Officer has dispensed with her services. Apparently there are rival claims between two petitioners on the post of Angan Bari Worker at particular Angan Bari Centre. A resolution of which would mean appreciation of disputed question of fact, these writ petitions are therefore disposed of with the direction to the appellate authority which has also been 3 constituted by a government order dated 24.2.2009 which has again been constituted to look into the dispute of the present nature. This Court therefore directs the District Magistrate, Haridwar before whom the petitioner shall make a representation to refer the matter to the appellate authority constituted under government order dated 24.2.2009 for resolving of the present dispute between the two contestants. The matter would be referred by the District Magistrate to the appellate authority forthwith without any delay. As soon as the matter is received by the appellate authority, it shall hear the claim of the rival petitioners and dispose of the same as expeditiously as possible but definitely within a period of six weeks from the date a reference is made to the appellate authority. The petitioner would be free to place any documents in support of their case before the appellate authority. Meanwhile, the status quo as of today shall be maintained till the final decision is reached by the appellate authority. It is made clear that there is also some confusion as to whether this appointment has to be made on Angan Bari Centre, Salempur 24 Rajputana or Salempur 22 Rajputana. This shall also be shorted out by the appellate authority. With the above observations, the writ petitions are disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 04.08.2011 Kuldeep