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Kamaljit Kaur Vs. State of Punjab & Ors.

[Civil Appeal No. 4484 of 2009]

[Civil Appeal No. 4485 of 2009]

[Civil Appeal No. 4484 of 2009]

KURIAN, J.

1. The learned counsel appearing on both sides submit that the matter pertains to appointment of an Anganwadi worker and essentially it is a dispute between the daughter and the daughter-in-law.

2. The daughter-in-law, after the interim orders passed by this Court, has rejoined and has been working, in any case, for the last 10 years. She has past service also.

3. Having regard to the factual matrix as above, we do not think that the merits of the matter need to be considered and it is a case where this Court should invoke its jurisdiction under Article 142 of the Constitution of India for striking equity and doing complete justice.

4. Therefore, invoking our jurisdiction under Article 142 of the Constitution of India, we dispose of this appeal with a direction to the appellant to pay an amount of Rs. 1,00,000/- (Rupees One Lakh) to Respondent No. 4. The amount shall be paid by way of a Demand Draft drawn in the name of Respondent No.4 within a period of three months from today. We make it clear that this is in full and final settlement of all the claims of Respondent No. 4. Needless also to say that the appellant shall be treated to be in service for all purposes.

5. The impugned Judgment of the High Court is modified to the above extent.

[Civil Appeal No. 4485 of 2009]

1. In view of the Judgment passed in Civil Appeal No. 4484 of 2009 above, no separate orders need be passed in this case.

2. The appeal is, accordingly, disposed of.

.......................J. [KURIAN JOSEPH]

.......................J. [R. BANUMATHI]

New Delhi;

July 11, 2017.


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