SUNITA DEVI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) AN advertisement was issuedon 18th September, 2007 by the respondents. Inviting applications for the post of Mini Aganbari Karyakatri. The petitioner as well as the respondent No.5 Smt. KiranDevi applied. The petitioner was selected and was given anappointment on 03.12.2007 pursuant to which she joined and started working as a Mini Aganbari Karyakatri. By an order dated 15th January, 2008, the services of the petitioner was terminated. The petitioner, being aggrieved, has filed the present w.it petition.

(2.) IN paragraph 12 of the writpetition, the petitioner contended that no notice or ooportunity of hearing was provided to the petitioner before passing of the impugned order. Upon theuassing of the impugned order dated 15th January, 2008, the respondents issued an appointment letter to Smt. Kiran Devi who started working on the post of Mini Aganbari Karyakatri. Subsequently, when the petitioner, Smt. Sunita Deyi obtained an interim order .dated 29.09.2008 by which the order of termination dated 15th January, 2008 was stayed, the respondents cancelled the order of appointment of" Smt. Kiran Devi and reinstated the petitioner, Smt. Sunita Devi. As a result of the cancellation of the appointment of Smt. Kiran Devi Smt. Kiran Devi filed a writ petitioner No. 144 of 2009 (S/S) which has also been tagged with this present writ petition.

(3.) THE learned Standing Counsel for .the State contended that the order of appointment of the petitioner, Smt. Sunita Devi was in violation of the Government Order dated 12th December, 2007, by which reference has been made to earlier Government Order dated 3rd August, 2007. Clause 9 of this Government order dated 3rd August, 2007 indicates that preference would be given to widows, which in the instant case, was not done. The learned Standing Counsel further stated that the same stipulation, was also given in the advertisement dated 18th September, 2007.