In the Hon'ble Court of Civil Judge (Sr.Divn.

),
Rohtak
Poonam Devi Wd/o Late Sh.Ramesh Kumar R/o VillageRithal Phogat Teh. & Distt.-Rohtak
..Plaintiff

Versus
1.State of Haryana through Collector, Rohtak
2.Social Welfare Officer, Rohtak
3.Child Development Project Officer, Rohtak
4.Smt.Tarawati W/o Pardeep Kumar R/o VillageRithal Phogat Teh. & Distt.-Rohtak
..Defendants

Suit for declaration alongwith consequential relief

of mandatory injunction

1. That the plaintiff is permanent resident of

above-said address. The plaintiff is a widow
lady. He husband had expired on 17/8/2008. The

plaintiff is a poor lady and having no source

of her income.
2.That the defendants No.1 to 3 have invited the
applications for the posts of Anganwari Worker
for Village-Rithal Phogat Teh. & Distt.-Rohtak.
The plaintiff being the eligible candidate for
the said post fulfilled her application form
and clearly mentioned that she is a widow lady.
The plaintiff together with her application
for
deposited all her educational, residential and
other documents including the death certificate
of her husband.
3.That the plaintiff appeared before the selection
committee and face the interview. The plaintiff
was hoping for her selection for the said post,
because

the

plaintiff

is

the most

suitable

candidate for the above-said post.

4. That the plaintiff stunned to came to know that
the

defendants

No. 1

to

have

illegally

appointed the defendant No. 4 on the post of

"Anganwari

Worker".

The

appointment

of

the

defendant No. 4 on the said post is illegal,

null,

void

and

against

regulations.

The

selection of

No. 4

on

the

said

post

the

is

rules
the

and

defendant

liable

to

be

dismissed.
5. That the plaintiff alongwith her application for
deposited

all

her

educations

qualification,

residential and other documents including death

certificate of her husband and she has alreadymentioned in her application form that she is a
widow.

But

information
illegally

when

the

under

treated

RTI
as

plaintiff

obtained

act

he

that

has

General/normal

the
been

candidate

instead of a widow lady.

6.

That

as

per

rules

preference

for

the

"Anganwari

Worker".

widow

selection
The

lady
on

Govt.

is

the
has

having

post

of

launched

various schemes for helping the widow ladies and

for this purpose Govt. has reserved seats for
widow ladies .in the jobs. As per rules of the

Govt. a widow lady has been to give 15 m a r k s

at

the

time

of

her

overall

performance/

selection for the post of "Anganwari Worker".

But the defendants No.1 to 3 in collusion with
defendant No. 4 have not shown her widow lady and
did not provide her 15 marks under widow category.
7 .

That the defendants to fulfill their ill motive

and to favour the defendant No.4 for selecting

for the above-said post, they have destroyed
the papers of the plaintiff which were submitted
by her along with her application form, so that
the plaintiff cannot claim the benefit under
widow category.
8. That the defendants no.1 to 3 have selected the
defendant No. 4 in an illegal manner without
following

proper

selection

procedure.

The

selection of the defendant No.4 has been under

political pressure.
9. That as per rules the plaintiff is entitled to
get

15

marks

being

widow,

45

marks

being

secured division in 10th class, 8 marks being

resident of same village, 7 marks for interview

and

10

marks

in

interview.

She

is

legally

entitled to get 85 marks out of 100 marks,

whereas the plaintiff has been provided 5 9 marks
and defendant No.4 has been provided illegally
75

marks.

Whereas

the

total

marks

of

the

plaintiff comes to 85 marks and she is entitled

for selection on the post of "Anganwari Worker"
10. That

the

plaintiff

is

having

the

required
qualification for the said post and she is the
most eligible candidate for the said post. The
selection of the defendant No.4 for the abovesaid post is patently in violation of law and
is liable to be set-aside. The defendants no.1
to 3 have not followed the procedure prescribed
for

selection of the defendant No. 4 for the

above-said post, hence the selection of the

defendant No.4 on the said post is nullity.
11. That the plaintiff is an widow lady and
after

the death of her husband she has no source of

her income to maintain herself.

Whereas

the

defendant No. 4 is a married lady and having

sufficient source of income. But these grounds
have been completely ignored by the defendants
No.1 to 3.

12.

That

the

defendants

plaintiff

No

has

to

requested

get

declare

the
the

selection of defendant No.4 on the post of

"Anganwari Worker" as illegal, null and void
and further requested them to appoint her on
the

post

of

"Anganwari

suitable/eligible

Worker"

candidate,

being
but

the
the

defendants No. 1 to 3 have not paid any heed

towards the genuine request of the plaintiff.
Hence

the

suit

may

kindly

be

decreed

in

favour of the plaintiff as prayed for.

13. That

cause

no
of

other suit regarding the same

action

is

pending

or

decided

between the carries by any competent court of

law.

14. That the value of the suit for the purposes

of court fee and jurisdiction is Rs.200/- but the

suit

is

being

for

declaration

with

consequential relief of mandatory injunction so a

court

fee

of

Rs.25/-

is

affixed

on

the

decree

for

plaint.

It

is,

therefore

prayed

that

declaration to the effect that the selection of the

defendant No. 4 on the post of Anganwari Worker is
illegal, null, void, against the rules and law and
further a decree for mandatory injunction removing
the

defendant

No.4

from

the

post

of

"Anganwari

Worker" and appointing the plaintiff on the said

post being the eligible candidate for the said post

may

kindly be passed in favour of the plaintiff

and

against the defendants with costs.

Any other relief to which the plaintiff is

found entitled be also granted in her favour.

Place:-Rohtak

Plaintiff
Poonam

Devi

Sh.Ramesh
Date:-

Wd/o
Kumar

Village-Rithal

Phogat

Late
R/o
Teh.

& Distt.-Rohtak

Through Counsel:-

Verification:-Verified that all the contents of

para No. 1 to 6 of the plaint are true and correct
to the best of our knowledge and para No.7 to 9 are
true to my belief. Nothing has been concealed
therein.

Place:-Rohtak
Date:-

Plaintiff

In the Hon'ble Court of Civil Judge (Sr.Divn.),

Rohtak

Smt.Poonam Devi

Versus

State & others

Affidavit
I, Smt.Poonam Devi Wd/o Late Sh.Ramesh Kumar
R/o Village-Rithal Phogat Teh. & Distt.-Rohtak do
hereby solemnly affirm and declare as under:l.That

the contents of the plaint filed by me are

true

and correct to .the best of my knowledge and

belief and nothing has been concealed therein.

2.That

the contents of the plaint may kindly be

read

as part of this affidavit.

3.That

the relief sought in the plaint is based on

true

and genuine facts.

Place:- Rohtak

Plaintiff

Date:Verification:- Verified that all the contents of

para No. 1 to 3 of this affidavit are true and
correct to the best of my knowledge and belief.
Nothing has been concealed therein.
Place:-Rohtak
Date:-

Plaintiff

In the Hon'ble Court of Civil Judge (Sr.Divn.),

Rohtak
Smt.Poonam Devi

Versus

State & others

Application U/s 80 (2) C.P.C. for seeking exemption

to serve notice U/s 80 C.P.C. on the state
Sir,
The plaintiff/applicant submit as under:1. That the plaintiff/applicant intend to file
the present suit in this Hon'ble Court and
the same is likely to be decreed for the
reasons mentioned in the plaint. The contents
of the plaint may be read as part and parcel
of this application.
2. That

according

to

law

it

serve notice U/s 80 C.P.C.

is

necessary

to

upon defendants

No.1 to 3 before filing the present suit, but

the present suit is of urgent and emergent
nature

as

the

defendants

have

illegally

selected the defendant No. 4 on the post of

"Anganwari Worker" by ignoring the rules and
regulations and now they wants to appoint the
defendant No. 4 on the said post and they are
in hurry to fill their ill motive.

If the

applicant served the notice U/s 80 C.P.C. to

3.

the defendants and wait for statutory period

60 days, then the very purpose of filing the
suit will be frustrated and applicant will
have

to

suffer

an

irreparable

loss

and

injury.
3. That if the applicant is not allowed to

4.

file

the

service

suit'
notice

by

giving

U/s

80

exemption

C.P.C.

upon

from
the

defendants No.1 to 3 then the applicant will

suffer an irreparable loss and injury, which
cannot be compensated in any manner.

5.

It is, therefore, prayed that in the

interest of justice the applicant/plaintiff may

kindly be given exemption from serving notice U/s
80 C.P.C. upon the defendants No.1 to 3 and she be
allowed to file the present suit.

Place:-Rohtak
Applicant/Plaintiff

6.

Date:-

7.

Smt.Poonam Devi Wd/o

Late
8.
9.

Sh.Ramesh

Kumar
R/o

Village-Rithal Phogat
Teh.

& Distt.-Rohtak
10.

Through Counsel:-

11.
In the Hon'ble Court of Civil Judge
(Sr.Divn.),
12.

Rohtak

Smt.Poonam Devi
others

Versus

13.

14.
15.

Kumar

State &

Affidavit

I, Smt.Poonam Devi Wd/o Late Sh.Ramesh

R/o

Village-Rithal

Phogat

Teh.

&

Distt.-

Rohtak do hereby solemnly affirm and declare as

under:16. 1.That

the

plaintiff

intend

to

file

the

present suit in this Hon'ble Court and the

same is likely to be decreed for the reasons
mentioned in the plaint. The contents of the
plaint may be read as part and parcel of this
affidavit.
17. 2.That

according to law it is necessary to

serve notice U/s 80 C.P.C. upon defendants No.1

to 3 before filing the present suit, but the
present suit is of urgent and emergent nature
as the defendants have illegally selected
the

defendant

No.4

on

the

post

of

"Anganwari Worker" by ignoring the rules and

regulations and

now

they

wants

to

appoint

the defendant No. 4 on the said post and they

are in hurry to

18. 14

fill their ill motive. If the plaintiff

19.

served

the

notice

U/s

80

C.P.C.

to

the

defendants and wait for statutory period 60

days, then the very purpose of filing the
suit

will

be

frustrated and plaintiff will

have to suffer an irreparable loss and injury.

20.

4.That if the plaintiff is not allowed to file

the

suit

by

giving

exemption

from

service

notice U/s 80 C.P.C. upon the defendants No.

1 to 3

then the plaintiff -will suffer an

irreparable loss and injury, which cannot be

compensated in any manner.

Place:Plaintiff

21.

Rohtak
22.

Date:-

23.

Verification:-

Verified

that

all

the

contents of para No. 1 to 4 of this affidavit are

true and correct to the best of my knowledge and
belief. Nothing has been concealed therein.

24.

Rohtak
25.

Date:

'

Place:Plaintiff

In the Hon'ble Court of Civil Judge

(Sr.Divn.),
27.
Rohtak
26.

Smt.Poonam Devi
others

28.

Versus

State &

Application U/o 39 Rule 1 & 2 read with Section

29.

151
30.

C.P.C.

Sir,

31.

The plaintiff/applicant submits as

under:32.

1. That

the

plaintiff/applicant

has

filed

above

titled suit in this Hon'ble Court and the same is

likely to be decreed for the reasons mentioned in
the plaint. The contents of the plaint may be
read as part and parcel of this application.
2. That the plaintiff/applicant has a good prima
facie case in their favour.
3.That

33.

balance

of

convenience

is

also

in

favour of the plaintiff/applicant.

4.That the defendants have illegally selected

34.

the defendant No.4 on the post of "Anganwari

Worker" by ignoring the rules and regulations
and now they wants to appoint the defendant No. 4
on the said post and if the defendant No. 4
will function/work on the post of "Anganwari
Worker"
35.
1

36.

37.

'

on the basis her illegal selection during

38.

the pendency of the suit, then the applicant

will have to suffer an irreparable loss and
injury

which

cannot

be

compensated

in

any

manner and the entire purpose of this suit

shall be frustrated.

39.

It

is,

therefore,

prayed

that

an

ad-

interim injunction restraining the defendants No.1

to 3 from appointing the defendant No.4 on the
post of "Anganwari Worker" and defendant No.4 be
restrained from working on the said post on the
basis of illegal selection during the pendency of
the suit may kindly be passed in favour of the
plaintiff and against the defendants.
40.

Any other relief which the Hon'ble Court

deems fit and proper be also awarded in favour of

the plaintiff.
41.
/]

Pl

42.

ace:-

43.
44.

Applicant/Plaintiff
Smt.Poonam Devi Wd/o
Late

Rohtak
Date:-

45.

Sh.Ramesh

Kumar
R/o

46.

Village-Rithal Phogat
Teh.

& Distt.-Rohtak
47.

Through Counsel:

In the Hon'ble Court of Civil Judge

(Sr.Divn.)
48.

49.

Rohtak

Smt.Poonam Devi
others

Versus

50.

Affidavit

51.

I, Smt.Poonam Devi Wd/o Late Sh.Ramesh

52.

Kumar

State &

R/o

Village-Rithal

Phogat

Teh.

&

Distt.-

Rohtak do hereby solemnly affirm and declare as

under:53.

l.That the plaintiff has filed above titled

suit in this Hon'ble Court and the same is

likely to be decreed for the reasons mentioned
in the plaint. The contents of the plaint may
be read as part and parcel of this affidavit.
54.

2. That the plaintiff has a good prima facie

case in her favour.

55.

3.That

balance

of

convenience

is

also

in

favour of the plaintiff.

56.

4.That the defendants have illegally selected

the

defendant

No.

on

the

post

of

"Anganwan Worker" by ignoring the rules and

regulations

57.

and

defendant

now

they

wants

to

appoint

the

No.4 on the said post and if the

defendant No.4

58.

'

' I

. :

will function/work on the post of "Anganwari

59.

Worker"
during

on
the

plaintiff

the

basis

pendency

will

have

her
of

to

illegal

the

suit,

suffer

an

selection
then

the

irreparable

loss and injury which cannot be compensated in any

manner and the entire purpose of this suit shall be
frustrated

Place
:- Rohtak

60.

Plai

61.

ntiff

Date :-

62.

Verification:-

63.

contents

of

para

Verified
No.

-1

that
to

all

of

the
this

affidavit are true and correct to the best of

my

knowledge

and

belief.

Nothing

has

been

concealed therein.

Plac
e:-Rohtak

64.

66.

Date:-

65.

iff

Plaint

67.

68.

69.