SUMAN DEVI Vs. STATE OF U P

JUDGEMENT

(1.) The present appeal arises out of the judgment/order of the Hon'ble single Judge dated 4.11.2008 whereby this Court declined to interfere with the appointment of respondent No. 7 as Aganwadi worker in the concerned Aganwadi Centre.

(2.) The appellant claims herself to be an applicant for selection of Aganwadi worker in Gram Panchayat Dudhaura, Block Captanganj, Tehsil Harraiya, district Basti alongwith Seema Devi, respondent No, 7. The claim of the appellant is that the selected Aganwadi worker, i.e., respondent No. 7 is not a domicile of the village and, therefore, her selection is contrary to the Scheme/G.O. dated 16th December, 2003, copy of which has been annexed as Annexure-CA-1 to the counter-affidavit filed by the State-respondents. The basis of the allegation of the appellant is that respondent No. 7 is married to one Mr. Santosh Kumar, who is the resident of Jurayeepur, Block Harraiya, district Basti and on account of her marriage she cannot be treated to be a domicile/resident of village Dudhaura.

(3.) The facts, in brief, are that an advertisement was issued on 29.5.2007 for selection of Aganwadi worker. Pursuant thereto the appellant as well as respondent No. 7 applied and respondent No. 7 was selected vide select list dated 20.6.2007. The appellant aggrieved by the selection, made a representation to the District Magistrate, Basti which in turn directed the Child Development Programme Officer, Captanganj, Basti to make fact finding enquiry in this behalf. It is alleged in paragraph 5 of the affidavit that a report was submitted in favour of respondent No. 7. Being dissatisfied the appellant again made a representation for re-enquiry upon which it was informed that the enquiry has already been made on 20.8.2007 wherein the selection of respondent No. 7 was found to be genuine and in accordance with the scheme and, therefore, letter of appointment dated 10.1.2008 was issued in favour of respondent No. 7.