SHAMPA DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) SINCE issues are identical, the matters are taken up for hearing analogously. However, for the sake of adjudication the facts in the writ petition, being W.P. 14290 (W) of 2012 (Shampa Dey versus State of West Bengal and others) are referred to for proper appreciation.

(2.) IN this writ petition the petitioner, an Anganwadi Worker, has challenged the order of termination dated 31st January. 2008 issued by the Child Development Project Officer, Integrated Child Development Scheme Project, Pandua, Hooghly, the respondent No. 5 terminating her service on the ground that the order was passed in violation of the principles of natural justice. Mr. Nandi, learned Advocate for the petitioner has relied on unreported orders passed in W.P. 12204 (W) of 2011 (Manashi Ghosh versus State of West Bengal and others) and in W.P. 19895 (W) of 2012 (Chaitali Das versus State of West Bengal and others) in support of his submission.

(3.) MR . Majumdar and Haider, learned Advocates for the respondents submit that as the memorandum dated 25th January, 2006 stipulates that the candidates who are graduates will not be eligible for the post of Anwangadi Worker and if a graduate candidate suppresses her academic qualification, if selected would be terminated without assigning any reason and as the advertisement dated 5th July, 2006 had stipulated that graduates were barred from making application and as the petitioners had suppressed their qualifications, in view of the specific condition in the advertisement, the orders of termination passed are just and proper. Reliance has been placed on the judgement of the Apex Court in Union of India and others v. Sukhen Chandra Das, (2008) 17 SCC 125 and in Manoj Kumar v. Government of NCT of Delhi and others; (2010) 11 SCC 702 in support of their submission.