ETILATA KAIBARTA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) By this writ petition the petitioner prays inter alia for a writ of Mandamus commanding the respondents to act in accordance with law and to forthwith cancel or revoke or rescind the Memorandum dated October 26, 2010 terminating the service of the petitioner, a writ of Mandamus commanding the respondents to forthwith reinstate the petitioner in her service as an Anganwari Helper, a writ of Prohibition forbidding the respondents from taking any action pursuant to the termination of the petitioner's service and for other reliefs.

(2.) The case of the petitioner inter alia is that in the year 2009 she applied for the post of Anganwari Helper under the Ausgram Integrated Child Development Scheme (hereinafter referred to as the 'Scheme'). The Child Development Project Officer, i.e., the respondent no. 7 herein, directed the petitioner to appear in the Block Development office on January 3, 2010 which the petitioner did and she was appointed by the said respondent. The petitioner joined the post of Anganwari Helper on April 22, 2010.

(3.) By a Memorandum, dated October 26, 2010 the respondent no. 7 informed the petitioner that the petitioner had suppressed her educational qualification and had violated the Government Rules and her appointment was thus, cancelled. The petitioner made a representation, dated November 18, 2010, alleging that although her service had been terminated other persons possessing identical qualifications have been allowed to continue to work in the said post. About nine months thereafter the petitioner made a further representation on the line similar to the earlier one drawing attention of the concerned respondent to the fact that other Anganwari Helpers possessing identical qualification as that of the petitioner were still working in their respective posts. As the petitioner did not get any reply on January 3, 2012 yet another representation was made inter alia praying for reinstating the petitioner to the post of Anganwari Helper.