ASHA, D/O. PEMU RATHOD Vs. THE STATE OF KARNATAKA, WOMEN AND CHILD WELFARE DEPARTMENT, REPTD. BY ITS DIRECTOR, M.S. BLDG., BANGALORE-1, WOMEN AND CHILD WELFARE DEPARTMENT, BIJAPUR, REPTD. BY ITS ASSISTANT DIRECTOR AND SMT. SUNITABAI B. CHAUHAN,

JUDGEMENT

(1.) THE petitioner contends that she was appointed as the Anganawadi Assistant at Minchinal Panduvasti Village, Bijapur Taluk and District as per the order at Annexure 'E' dated 1.4.2008. It is further contended that the second respondent has failed to issue an order of appointment in terms of the said order. It is further contended that subsequently the third respondent was appointed as Anganawadi Assistant in the aforesaid Anganawadi as per the order dated 30.12.2008. Since the appointment of the petitioner is earlier to that of the third respondent, she has filed representations as per Annexures 'A' and 'A1' requesting the 2nd respondent to issue an order of appointment in her favour. Learned HCGP appearing for respondent Nos. 1 and 2 submits that the appointment of the petitioner as also the third respondent as Anganawadi Assistants in the aforesaid Anganawadi was found to be not in accordance with law as they are not the residents of the village in question. Therefore, the Tahsildar, Bijapur Taluk, has sent a communication as per Annexure 'R1' dated 14.9.2009 to the second respondent to cancel the appointment of the petitioner as also the third respondent as Anganawadi Assistants.

(2.) IT is thus clear that appointment order has not been issued either in favour of the petitioner or the third respondent. Therefore, I direct the second respondent to consider the representations of the petitioner as also the communication of the Tahsildar at Annexure 'R1' dated 14.9.2009 in accordance with law within a period of eight weeks from the date of receipt of a copy of this order after granting the petitioner and the third respondent an opportunity of being heard. The petitioner and the third respondent are directed to appear before the second respondent on 3.1.2013 at 3.00 p.m. and take further orders from the second respondent. The 2nd respondent need not issue notice of hearing to the petitioner and the 3rd respondent in view of the above direction. Writ petition is accordingly disposed of. No costs.