K.K.Trivedi, J. - (1.) THIS writ petition was filed challenging the order dated 17.9.2009 by the Commissioner, Shahdol Division, Shahdol allowing the appeal of the respondent No. 1 and directing removal of the petitioner from the post of Aganwadi Worker and appointment of the respondent No. 1 in her place.
(2.) WHEN the writ petition was listed before this Court on 27.11.2009, on a caveat filed by the respondent No. 1, the notice of writ petition was delivered to learned counsel for the respondent No. 1. It was supposed that the return of the writ petition would be immediately filed as no interim relief was granted by this Court at that time. However, since the return was not filed by the respondent No. 1, on a prayer made by the learned counsel for the respondent No. 1, two weeks' time was further allowed on 8.8.2011. Despite allowing the aforesaid time, return has not been filed by the respondent No. 1, opposing the claim made by the petitioner. The sole contention raised in the present writ petition is that the initiation of process of selection for appointment on the post of Aganwadi Worker was done by passing a resolution by the Gram Panchayat. Thereafter, proposal was sent to the competent authority and immediately the applications were invited. Since on the date of initiation of process of selection the scheme of the year 2006 made by the State Government for appointment of Aganwadi Worker was in vogue, selection of the persons was rightly done and the petitioner was appointed on the post of Aganwadi Worker in concerned Aganwadi.
(3.) BEING aggrieved by such appointment of the petitioner, the respondent No. 1 filed an appeal before the Collector, Shahdol, which appeal was considered and decided on 3.5.2008 holding that since the benefit of marks for experience for working as 'Didi' for a period of three years was made available only by scheme dated 10.7.2007 amended on 29.8.2007, the respondent No. 1 was not entitled to grant of benefit of such marks on account of experience because she has not completed requisite years of service when the selection was initiated under the old scheme.;