SHASHIBALA BISVAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of this writ petition, the petitioner is questioning the propriety of the order dated 12/04/2012 passed by the Additional Commissioner, Surguja Division, Ambikapur in Revenue Appeal Case No. 27/A-89/10-11, whereby, the order dated 30/09/2008 passed by the District Programme Officer, Women and Child Development Department, Ambikapur cancelling the appointment order of the petitioner on the post of Aganwadi Worker at Ramnagarkala of Gram Panchayat, Santoshi Nagar has been maintained.

(2.) Undisputed facts of the case are that on the basis of the application invited by the Collector (Women and Child Development Department) District Surguja, the petitioner was appointed on the post of 'Aganbadi Worker' for the Aganbadi Centre at Ramnagarkala. Her appointment was made by respondent No. 3, i.e., the District Programme Officer, Women and Child Development Department, Ambikapur vide order dated 11/09/2007 after completion of all the requisite formalities and the petitioner has then given her joining on 12/09/2007.

(3.) It is pleaded in the petition that her appointment order has been questioned by respondent No. 4, namely, Latika Haldar by lodging a complaint (Annexure P-10) in the form of appeal before the respondent No. 2, Additional Collector, Ramanujganj on 21/11/2007, where the case was registered as Appeal Case No.02/2007-08/Misc. Enquiry/A-89. It is alleged in the said complaint that despite the fact that the petitioner was not eligible and qualified to be appointed as such in view of the directions contained in the guidelines issued in this regard by the Collector (Women and Child Development Department), District Surguja vide its memo (Annexure P-4), dated 02/01/2006 addressing to the concerned Gram Panchayat and Municipality/Corporation, yet, contrary to that, her appointment was made by the Supervisor of the said Department, namely, Smt. Asha Dubey. It was alleged further in the said complaint that as the petitioner, who was 55 years old was above the prescribed age limit of 18 to 44 years, therefore she was not at all entitled to be appointed as such. However, by furnishing a false and fabricated document/certificate in relation to her age, she has illegally obtained the alleged appointment on the said post of Aganbadi Worker.