LPA No. 1378 of 2010 (O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH LPA No. 1378 of 2010 (O&M) Date of decision:- 15.10.2010 Smt. Patasho Devi ......Appellant Vs State of Haryana through its Secretary, Women and Child Development Department, Haryana, Haryana Civil Secretariat, Chandigarh and others. ......Respondents CORAM:- HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE RAJAN GUPTA Present: - Mr. Vivek Khatri, Advocate, for the appellant. * * * * RANJAN GOGOI, J (ORAL) Heard. The appellant/writ petitioner is an Anganwari worker. In May, 2010 she was elected as a Member of the Municipal Council. Challenging the decision of the authority requiring her to choose one of the two posts the writ petition out of which this appeal has arisen was filed. The learned Single Judge hearing the writ petition took note of a policy decision dated 07.09.2010 (Annexure P4) which was to the effect that it is not appropriate for an Anganwari worker to continue under an ICDS Scheme after being elected to a Panchayat/Local Body. LPA No. 1378 of 2010 (O&M) 2 Thereafter, the writ petition had been dismissed giving rise to the present appeal. Learned Counsel for the appellant/writ petitioner has submitted that earlier to the policy decision dated 07.09.2010, the old policy in force by virtue of the office memorandum dated 28.11.1994 (Annexure P3) was to a contrary effect. The new policy had come into force after the election of the appellant/writ petitioner as a Member of the Municipal Council and, therefore, the same will not be applicable. We do not see as to how only by virtue of the earlier date of the election of the appellant/writ petitioner as a Member of the Municipal Counsel she can continue to hold two posts after the new policy decision dated 07.09.2010 was in force. In terms of the said new policy there is a clear bar to such continuance in two posts. For the aforesaid reasons, we do not find any merit in this appeal. It is, therefore, refused admission. C.M. No. 4166 of 2010 As by order passed today we have not entertained the appeal, no order will be called for on the stay application. (RANJAN GOGOI) JUDGE (RAJAN GUPTA) 15.10.2010 JUDGE Amodh