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Bombay High CourtWP/2113/2020disposed offdismissed for default

Chaya Ramdas Shrirame v. Zilla Parishad Jalgaon Through Its Chief Executive Officer And Others

2020-02-04Hon'Ble Shri Justice Rohit B. Deo2 pages

(1) WP-2113 of 2020.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 30 WRIT PETITION NO.2113 OF 2020 CHAYA RAMDAS SHRIRAME

VERSUS

ZILLA PARISHAD JALGAON THROUGH ITS CHIEF EXECUTIVE OFFICER AND OTHERS ...

Mr. A.N. Nagargoje, Advocate for the petitioner. ...

CORAM :

Rohit B. Deo, J.

DATE :

4th February 2020.

ORDER :- .

The petitioner is aggrieved by the judgment of the Industrial Court, whereby the complaint preferred by the petitioner challenging selection of respondent 4 as Anganwadi Sevika, is rejected.

2.

The frst submission of the learned Counsel for the petitioner is that since respondent 4 was not a resident of village Khoroda where the vacancy arose, she was not eligible to be appointed as Anganwadi Sevika. The petitioner contended that respondent 4 is resident of village Amoda. The Industrial Court has considered the said submission and has rejected the same recording that no material is placed on record to substantiate the contention that respondent 4 is a

(2) WP-2113 of 2020.odt resident of Amoda. Finding of fact recorded is not shown to be contrary to material on record.

3.

The other submission is that the petitioner was more meritorious since she was better qualifed. The submission is misconceived. Perusal of the Government Resolution dated 13.08.2014 would reveal that priority is accorded to seniority as Anganwadi Helper. It is only if two candidates possess the same experience as Anganwadi Helper, that preference is to be given to the better qualifed candidate. The respondent-Zilla Parishad categorically asserted that respondent 4 was senior to the petitioner. The petitioner had put in 15 years 5 months and 5 days of service as Anganwadi Helper, whereas respondent 4 had put in 16 years 11 months and 26 days of service as Anganwadi Helper. 4.

I do not see any error in the judgment impugned. The petition is dismissed.

(ROHIT B. DEO, J.) VD_Dhirde