IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 475 of 2005 (S/S) Smt. Anusuiya Pant ………..Petitioner. Versus State of Uttaranchal and others …….Respondents. Present: Mr. Lalit Belwal, Advocate for the petitioner. Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand/respondent nos. 1 to 4. Hon’ble Sudhanshu Dhulia, J.(Oral) Heard Mr. Lalit Belwal, Advocate for the petitioner as well as Mr. N.P. Sah, Standing Counsel for the State of Uttarakhand. Under a Scheme started in the erstwhile State of Uttar Pradesh, somewhere in late 80s, which continued in the State of Uttarakhand, “Angan Bari Workers” are appointed in “Angan Bari Centres”, which are situated almost in all villages. It is a village level appointment made by the concerned Child Development Project Officer. The selection and appointment procedure of “Angan Bari Karyakatri”, “Sahayika Angan Bari Karyakatri” and “Mini Angan Bari Karyakatri” are presently governed by various Government Orders but primarily by Government Orders dated 24th February, 2009, 3rd September, 2009 and 31st May, 2010. The main scheme today, is given in a Government Order issued by the Government of Uttarakhand on 24th February, 2009. These are all admitted facts. As per the said Government Orders reference whereof has already been given above, a selection 2 committee at Block Level is first constituted. A procedure is prescribed for constituting this Selection Committee. Thereafter procedure is also prescribed how the various vacancies of “Angan Bari Workers” will be advertised for all the “Angan Bari Centres” and how the selection will be made by the Selection Committee and what will be the eligibility as well as the priorities given to a candidate in this selection. It will be needless to elaborate on this aspect at the present juncture. As per the procedure prescribed in the Government Order dated 24th February, 2009, the Selection Committee shall publish the “tentative select list” to be notified at various places including the Block Level Offices, so that if anybody wants to object to these selection, he or she would be free to make such objections. The cases where no objections are made, the tentative selection list becomes final and the Child Development Project Officer issues appointment letter to such a candidate. In cases where objections are received the matter is referred to the Appellate Authority, which is constituted under the Government Order dated 24th February, 2009. The body of the Appellate Authority constituted is as follows: “1. Chief Development Officer- Chairman 2. A person nominated by the District Magistrate, who must be at least Class-II Officer, and, 3. District Programme Officer, who will be the member Secretary of this appellate body. The Appellate Authority after considering the objection passes appropriate order therein. The Appellate Authority has to take a decision on this matter within 15 days as per the Government Order dated 24.2.2009. 3 The petitioner claims to have been appointed as an “Angan Bari Worker”. She alleges that she has not been paid the honorarium which is applicable to the “Angan Bari Worker” between period from May, 1990 to July, 1995. She further says that her termination was also illegal. Strangely there is no termination order on record. Therefore, there is a disputed question of fact which cannot be adjudicated by this Court. This writ petition is therefore disposed of with the direction to the petitioner to move a representation before the Child Development Project Officer, Hindola Khul, Tehri Garhwal who shall pass an appropriate order therein. Learned State Counsel asserts that since a long time has passed from the date of filing of the writ petition, there might be another incumbent working as “Angan Bari Worker” in the said “Angan Bari Centre”. It is, therefore, directed that the Child Development Project Officer, Hindola Khul, Tehri Garhwal shall also hear the present incumbent along with the petitioner. It must be clarified that an appointment of an “Angan Bari Worker” is only under a Government Scheme, yet for those “Angan Bari workers” who are so appointed, it carries a great meaning as the candidates for this work belong to the deprived or rather financially insecure stratum of our society who reside in a village. Even amongst them in most cases they are widows, divorced women, etc. The Child Development Project Officer, Hindola Khul, Tehri Garhwal is hence directed to take a decision on this matter by passing a speaking order as expeditiously as possible but in no case beyond a period of eight weeks from the date a certified copy of this order is produced before it. It is expected that the Child 4 Development Project Officer, Hindola Khul, Tehri Garhwal will act with due fairness in accordance with the principles of natural justice and fair play. With these observations, writ petition is disposed of. No order as to costs. (Sudhanshu Dhulia, J.) 28.3.2011 Rathour