SARITA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The challenge in the present writ petition is to Annexure P/1 dated 11.10.2011 passed by the Additional Commissioner, Bilaspur Division whereby the Commissioner has set aside the order of the Collector, Janjgir Champa dated 30.06.2009 (Annexure P/3).

(2.) The brief facts in nutshell is that a recruitment process was initiated for filling up of the post of Angan Badi worker for Gram Panchayat, Pakariya, Tehsil Akaltara, Janjgir Champa. The Gram Panchayat after scrutinizing the claims of the respective candidates who had applied, found the petitioner to be most suitable candidate. Accordingly, the Gram Panchayat made a recommendation of the petitioner for appointment as Angan Badi Worker for village Pakariya vide order dated 004.2008 and on which the petitioner gave her joining on 07.04.2008.

(3.) The respondent No.7-Shyama Devi raised an objection and filed an appeal against the appointment of the petitioner before the Collector. The Collector, after thorough scrutiny of the entire factual matrix of the case and also taking into consideration the contentions raised by the respondent No.7, vide order dated 30.06.2009 (Annexure P/3) dismissed the appeal. This order of the Collector dated 30.06.2009 was put to challenge by the respective No.7 in a revision before the Commissioner, Bilaspur Division. The Additional Commissioner, vide order impugned dated 11.10.2011 interfered with the same and held the finding of the Collector to be unsustainable and set aside the order of Collector and further ordered that it was the respondent No.7 who should had been granted preferential advantage on account of the fact that she was a widow and in the process the Commissioner allowed the revision preferred by the respondent No.7. It is this order which is under challenge in the present writ petition.