7888 20 Suit For Declaration With Mandatory Injuction

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

(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:

(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.

7888 20 Suit For Declaration With Mandatory Injuction

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

Suit for declaration alongwith consequential relief

1. That the plaintiff is permanent resident of

plaintiff is a poor lady and having no source

candidate for the above-said post.

appointed the defendant No. 4 on the post of

defendant No. 4 on the said post is illegal,

residential and other documents including death

instead of a widow lady.

various schemes for helping the widow ladies and

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

selection for the post of "Anganwari Worker".

That the defendants to fulfill their ill motive

and to favour the defendant No.4 for selecting

selection of the defendant No.4 has been under

secured division in 10th class, 8 marks being

resident of same village, 7 marks for interview

entitled to get 85 marks out of 100 marks,

plaintiff comes to 85 marks and she is entitled

selection of the defendant No. 4 for the

above-said post, hence the selection of the

the death of her husband she has no source of

defendant No. 4 is a married lady and having

selection of defendant No.4 on the post of

defendants No. 1 to 3 have not paid any heed

favour of the plaintiff as prayed for.

other suit regarding the same

between the carries by any competent court of

14. That the value of the suit for the purposes

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

consequential relief of mandatory injunction so a

declaration to the effect that the selection of the

Worker" and appointing the plaintiff on the said

kindly be passed in favour of the plaintiff

against the defendants with costs.

found entitled be also granted in her favour.

Verification:-Verified that all the contents of

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

State & others

the contents of the plaint filed by me are

and correct to .the best of my knowledge and

belief and nothing has been concealed therein.

the contents of the plaint may kindly be

as part of this affidavit.

the relief sought in the plaint is based on

and genuine facts.

Date:Verification:- Verified that all the contents of

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

State & others

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

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

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

selected the defendant No. 4 on the post of

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

the defendants and wait for statutory period

defendants No.1 to 3 then the applicant will

It is, therefore, prayed that in the

interest of justice the applicant/plaintiff may