1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION No. 1416 OF 2011 (Smt. Prabhabai S. Kasare .vs. State and Ors.) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ CORAM : B.P.DHARMADHIKARI & A.P.BHANGALE, JJ. DATED : SEPTEMBER 08, 2011. Heard Mr.N.S.Khandewale, Adv. for petitioner, Mr.V.A.Thakare, A.G.P. for respondent no.1 and Mr.P.D.Meghe, Adv. for respondent nos. 2 and 3. Perused the advertisement filed as Annexure-III with the petition and its remaining pages produced by respondent nos. 2 and 3 as part of Annexure R-2(C). It is apparent that vacancy has become available at Dhamangaon in the post of Anganwadi Sevika. The petitioner is working as an Anganwadi Sevika at Wathoda and in the instant petition, she claims that, because she is holding charge of that post at Dhamangaon, she is entitled to preference in terms of the Government Resolution dt.5.8.2010. Respondent nos. 2 and 3 2 are disputing that the petitioner is holding such additional charge. However, it is not necessary for us to go into these details. Perusal of clause (1) of the Government Resolution dt.5.8.2010 shows that, in case of closure of Balwadi, existing staff of that Balwadi can be given direct appointment i.e. preference in new Anganwadi which replaces it. The clause ( c) therein shows that when a post of Anganwadi Sevika becomes vacant, the Madatnis working at that place can be given that post. These conditions are not specified in the present matter. We, therefore, find that the challenge in this petition is misconceived. The petition, is therefore, dismissed. No order as to costs. JUDGE JUDGE jais