- (1.) HEARD learned counsel for the petitioner.
(2.) ADMITTEDLY , the petitioner's candidature was considered for appointment on the post of Aanganwari Worker in the meeting of Gram Sabha of Gram Panchayat Beriwala Tala, District Barmer and the name of petitioner was included at Serial No.2 in the select list but appointment was made in favour of Smt. Hemlata W/o Hema Ram because her name was at Serial No.1 in this list. Learned counsel for the petitioner submits that although Hemlata W/o Hema Ram was more meritorious than the petitioner and her name was shown at Serial No.1, but after providing appointment, though she joined the duties but after some time continuously remained absent, therefore, the post become vacant, therefore, the respondents are under an obligation to provide appointment to the petitioner because her name stood at Serial No.2. It is further submitted that selection process was took place in the year 2010 and appointment order was issued for the post of Aanganwari Worker in favour of Hemlata W/o Hema Ram, but she remained absent from duty and till today nobody is working on the said post, therefore, petitioner is entitled for appointment. So many representations were filed by the petitioner for providing appointment, but respondents are not providing appointment to the petitioner on the post of Anganwari Worker from last two years inspite of existence of guidelines issued no 25.09.2003 that in the event of post falling vacant, appointment should be made out of list, but they are not providing appointment.
(3.) AS per petitioner the Department of Woman and Child Development is to exercise power to provide appointment to the petitioner as per the notification issued in the year 2003, therefore, direction may be issued to the respondents to provide appointment.;