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

),

Rohtak

Poonam Devi Wd/o Late Sh.Ramesh Kumar R/o Village-

Rithal 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 Village-

Rithal 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 3 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 the rules and

regulations. The selection of the defendant

No. 4 on the said post is 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 already-

mentioned in her application form that she is a

widow. But when the plaintiff obtained the

information under RTI act that he has been

illegally treated as General/normal candidate

instead of a widow lady.

6. That as per rules a widow lady is having

preference for the selection on the post of

"Anganwari Worker". The Govt. has 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 above-

said 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 plaintiff has requested the

defendants No . 1 to 3 get declare 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 Worker" being the

suitable/eligible candidate, but 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 no other suit regarding the same

cause of 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

plaint.

It is, therefore prayed that a decree for

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 Wd/o Late

Sh.Ramesh Kumar R/o
Village-Rithal Phogat Teh.
Date:-
& 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 Plaintiff

Date:-
 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 Plaintiff
Date:-
 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 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 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.

4. 3. That if the applicant 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 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.

6. Place:-Rohtak
Applicant/Plaintiff

7. Date:- Smt.Poonam Devi Wd/o

Late
8. Sh.Ramesh Kumar
R/o
9. Village-Rithal Phogat
Teh.
& Distt.-Rohtak

10. Through Counsel:-

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

12. Rohtak

13. Smt.Poonam Devi Versus State &

others

14. Affidavit

15. 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:-

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

19. fill their ill motive. If the plaintiff

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.

21. Place:-
Rohtak Plaintiff

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. Place:-
Rohtak ' Plaintiff

25. Date:
 26. In the Hon'ble Court of Civil Judge
(Sr.Divn.),
27. Rohtak

28. Smt.Poonam Devi . Versus State &

others

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

151
30. C.P.C.

31. Sir,

32. The plaintiff/applicant submits as

under:-

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.

33. 3.That balance of convenience is also in

favour of the plaintiff/applicant. ■

34. 4.That 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 if the defendant No. 4

will function/work on the post of "Anganwari

Worker"
35. 36.
1
37.
 I ■ '

38. on the basis her illegal selection during

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.
/]

42. Pl 43. Applicant/Plaintiff

ace:- 44. Smt.Poonam Devi Wd/o

Rohtak Late

45. Sh.Ramesh Kumar

Date:-
R/o

46. Village-Rithal Phogat

Teh.

& Distt.-Rohtak

47. Through Counsel:

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

49. Rohtak

50. Smt.Poonam Devi Versus State &

others

51. Affidavit

52. 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:-

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. 4 on the post of

"Anganwan Worker" by ignoring the rules and

regulations
57. v and now they wants to appoint the

defendant No.4 on the said post and if the

defendant No.4
 58. ' ' I . :

59. will function/work on the post of "Anganwari

Worker" on the basis her illegal selection

during the pendency of the suit, then the

plaintiff 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

60. Place 61. Plai

:- Rohtak ntiff

62. Date :-

63. 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.

64. Plac 65. Plaint

e:-Rohtak iff

66. Date:-
67.
68.
69.