UMA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard counsel for the parties and perused the record.

(2.) The petitioner was appointed as Anganbari Karyakarti in village and post office Harhamaphi, P. S. Badausa, Tehsil Atarra, district Banda. The election of the members of the Zila Panchayat, Banda was held in which the petitioner contested and was declared successful.

(3.) The President Zila Panchayat, Banda wrote a letter to the District Magistrate, Banda stating that the petitioner is not relinquishing the post of Anganbari Karyakarti even after her election as Member of Zila Panchayat and requested for action against the petitioner. In enquiry made by the Commissioner, Chitrakoot Dham Division, Banda, respondent No. 3, the petitioner informed that under the Government order referred in the letter dated 21.1.2004 of respondent No. 7 Anganbari Karyakarti does not enjoy the post of profit and is paid honorarium only. She also informed that as member of the Zila Panchayat she does not receive any remuneration or honorarium, therefore, the membership of Zila Panchayat is not a post of profit and she can continue to hold the post of Anganbari Karyakarti as well. Respondent No. 4 on 21.1.2004 issued a letter to the effect that in pursuance of the G.O. dated 16.12.2003 the petitioner cannot continue as Anganbari Karyakarti as well as member of Zila Panchayat. He accordingly, required the petitioner to resign from the post of Anganbari Karyakarti within 3 days otherwise her honorarium will be discontinued. The petitioner was thereafter removed from the post of Anganbari Karyakarti vide order dated 10.3.2004.