Ajay Mohan Goel, J. - (1.) By way of this writ petition, the petitioner has prayed for the following reliefs:- "1. the impugned orders/notification dated 5-11-2006, 10-6-2008 and 9-7-2010 may kindly be quashed and set aside. 2. the respondents no. 1 to 5 be directed to entertain and consider the application of the petitioner for the post of AWW at village Bathmana on the basis of old guidelines of Anganwadi workers and helpers prevailing at the time of first eligibility of the petitioner and fresh post be advertised against the vacancy of AWW at AWC, Bathmana inviting applications from all the eligible candidates of village Bathmana on the criteria of old rules under the ICDS Scheme so that the rights of all others who did not approach the court may also be not affected adversely. 3. the respondents be directed to produce the entire record of the case in the Honorable High Court. 4. the respondent no. 6 Smt. Geeta devi be directed to join back at AWC, Jabri in the facts and circumstances of the case. 5. any other relief which this learned court deems fit and proper in the facts of the case may also be granted in favour of the petitioner and the petition may kindly be accepted alongwith costs.
(2.) Case of the petitioner is that she is a resident of village Bathmana, Tehsil and District Shimla. She is matriculate and has worked as Balwari teacher in Balwari Centre, Bathmana from 01.05.2005 to 25.02.2006. Respondent No. 3 sanctioned an Anganwadi Centre in village Bathmana vide notification dated 25.10.2006 and applications were accordingly invited from the eligible candidates for filling up the said post. As per the petitioner, as she was eligible to apply for the said post of Anganwadi Worker at Anganwadi Centre, Bathmana, she submitted her candidature complete in all respects. However, respondent No. 3 refused to entertain her application and verbally informed that the said post was likely to be filled by way of transfer. It is further the case of the petitioner that with an ulterior motive to give unreasonable benefit to respondent No. 6, respondent No. 3 issued another notification dated 05.11.2006 vide which respondent No. 6 was appointed by way of transfer as Anganwadi Worker at Anganwadi Centre, Bathmana, thus, denying the petitioner and other similarly situated persons opportunity of being appointed to the said post. Further, as per the petitioner, vide notification dated 05.11.2006 addressed to Pradhan, Gram Panchyat, Jabri, the Pradhan was called upon to invite applications for filling up the post of Anganwari Worker at Anganwari Centre, Jabri, which had thereafter fallen vacant on account of respondent No. 6 having been transferred from Jabri to Bathmana, which act of the respondents according to the petitioner was arbitrary and discriminatory. As per the petitioner, she filed Original Application No. 3384/2006 before learned H.P. Administrative Tribunal but the same was dismissed for want of jurisdiction of the Tribunal. It is further the case of the petitioner that she thereafter preferred an appeal under Section 12 of the ICDS Scheme before learned Deputy Commissioner, Shimla. However, the said appeal was rejected by the authority concerned as being time barred. Thereafter, she filed an appeal before learned Divisional Commissioner, Shimla, which was also dismissed on 09.07.2010 on the ground that the authorities were not having any power to condone any delay in filing appeals in Anganwadi matters. It is further the case of the petitioner that respondent No. 6 was earlier also transferred from Anganwadi Centre Bhawana in village Ghanatti to Anganwadi Centre, Jabri, in the year 2001 on account of her marriage and since then respondent No. 6 was working at Jabri till she was arbitrarily transferred to Anganwadi Centre, Bathmana from Jabri vide impugned communication dated 05.11.2006 again on the ground of marriage. As per petitioner, distance between Bathmana and Jabri is just 2 KMs.
(3.) On above pleadings, the petitioner has filed the present petition challenging the impugned act of respondents of filling up the vacancy of Anganwadi Worker at Anganwadi Centre, Bathmana by transferring respondent No. 6 to the said place from Anganwadi Centre, Jabri.;