BASANTI SURYAWANSHI Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner in the instant writ petition has impugned the legality and validity of the order (Annexure P/15) dated 27.1.2004 by which her services have been terminated from the post of Samvida Shala Shikshak and the consequential order dated 29.1.2004 (Annexure P/16) as well as the Ocircular (Annexure P/12) dated 27.5.1996.

(2.) Facts leading to the filing of the present petition, briefly stated, are that petitioner submitted an application dated 28.9.1998 (Annexure P/1) for appointment on the post of 'Aaganwadi' worker in Mahidpur, District Ujjain. Clause (3) of the advertisement reads as under:-

(3.) Thereafter, an advertisement (Annexure P/6) dated 17.7.2001 was issued by Janpad Panchayat, Mahidpur inviting applications for appointment on the post of Samvida Shala Shikshak. In response to the aforesaid advertisement, the petitioner submitted an application (Annexure P/7) on 23.7.2001. The petitioner was selected and an order of appointment dated 26.9.2001 (Annexure P/8) was issued. The petitioner was posted in Government Middle School, Dhulet, Tahsil Mahidpur, District Ujjain. Thereafter the petitioner was served with a show-cause notice dated. 18.8.2003 (Annexure P/10) by which petitioner was asked to show-cause as to why her services should not be dispensed with, on the ground that petitioner was found ineligible for appointment as 'Aganwadi' worker in view of instructions dated 27.5.1996 issued by the State Government the husband of the petitioner was already in Government service. The petitioner submitted reply to aforesaid show-cause notice. Thereafter by an order dated 27.1.2004 (Annexure P/15), services of petitioner were dispensed with. A consequential order dated 29.1.2004 (Annexure P/16) was also passed.