LALBI Vs. MODINAMMA ALIAS MODINBEE

JUDGEMENT

(1.) This writ appeal is directed against the Order dated 14.03.2012 passed by the Learned Single Judge in W.P. No. 83129/2011 (S-RES) whereby, the writ petition filed by respondent No. 1 - petitioner was finally allowed. The writ petition was preferred by respondent No. 1, challenging her removal from service as Anganwadi Worker and appointing respondent No. 3 i.e., the appellant in the present writ appeal, to the said post by the Tahsildar, Lingasugur. In the writ petition, on 26.09.2011, an "emergent notice" was issued to the appellant. The Order dated 26.09.2011 reads thus:

(2.) Thereafter, the writ petition was placed before the Learned Single Judge on 05.03.2012 and 06.03.2012. On 05.03.2012, none appeared for the petitioner and on 06.03.2012, none appeared for the parties. The order sheet shows, on 07.03.2012, an endorsement was made by the Court Officer to list the petition on 08.03.2012 as directed by the Court. On 08.03.2012, it was directed to be placed on Board on 12,03.2012. On 12.03.2012, once again an endorsement was made by the Court Officer to call the petition on 14.03.2012. On 14.03.2012, the Learned Judge, after having noticed that respondent No. 3 i.e., the appellant, was served, heard Learned Counsel for the petitioner and Learned HCGP for respondent Nos. 1, 2 and 4, and allowed the writ petition finally. Admittedly, the appellant-respondent No. 3, though was served did not enter her appearance, either in person or through an Advocate.

(3.) Before we proceed further, it would be relevant to notice few facts. Respondent No. 1 herein was appointed to the post of Anganwadi Worker of Uppar Nandihal Village, based on Residential Certificate issued by the Tahsildar. Subsequently, the Tahsildar on the basis of report of Revenue Inspector, passed an Order dated 13.05.2011 cancelling the Residential Certificate issued to respondent No. 1. Then, the appellant was recommended to be appointed on the said post, who had married a person from Uppar Nandihal Village and was residing there for about five years. The said order was passed without hearing respondent No. 1. It is against this backdrop, the Learned Single Judge finally decided/allowed the writ petition, wherein substantive rights of the parties were involved, by making the following observations in paragraphs 4 to 8.