SHEELA DEVI Vs. STATE OF UP

JUDGEMENT

(1.) By the Court.- Heard Mr. K.P. Agarwal, Senior Counsel, assisted by Ms. Sumati Rani, Sri S. Pratap Singh, another learned counsel who appeared in one of the two appeals for the appellants/petitioners and Sri M.C. Chatruvedi, learned Chief Standing Counsel assisted by Dr. Y.K. Srivastava for State of U.P.

(2.) Both the appellants/petitioners in Special Appeal No. 1121 of 2005 were appointed as Anganwadi workers on 22.2.2003 and 18.2.2003 respectively. Their services were dispensed with by Child Development Project Officer(CDPO) vide order dated 13.7.2005 without conducting any inquiry or affording opportunity of hearing on the ground that on surprise inspection held on 8.7.2005 the centre was found closed. The writ petition No. 55833 of 2005 filed by the appellants/petitioners challenging the above order of termination was dismissed by the learned Single Judge following the Division Bench Judgement of the Court in the case of Smt. Sunaina Singh v. District Magistrate and another, 2003 (4) ESC 2039 as Anganwadi Worker is not a holder of a civil post and as such has no right to challenge the termination by way of a writ petition.

(3.) The Division Bench hearing the special appeal so preferred against the dismissal of the writ petition, finding it difficult to agree with the view expressed in Smt. Sunaina Singh (Supra) has referred the following question of law for consideration by the larger Bench : "Whether a writ petition under Article 226 is maintainable by AnganBari Karyakarti who is appointed on temporary basis by the Child Development and Social Welfare Department of the State and is paid only honorarium."