ANJALI PRADHAN Vs. SUB COLLECTOR PALLAHARA

JUDGEMENT

(1.) THE petitioner in this writ petition has assailed the legality of order dated 31.3.2010 passed by Sub-Collector,Pallahara in Misc.Appeal Case No.7 of 2009.

(2.) PURSUANT to advertisement dated 12.2.2009 issued by the opposite party no.3-C.D.P.O., Pallahara petitioner, opposite party no.4 and another submitted applications along with requisite documents for engagement as Anganwadi Worker ( for short 'A.W.W.') of Barakalapal Dangamanga Anganwadi Centre (for short, 'A.W.C.') of Pallahara block in the district of Angul. After verification of applications and documents, candidature of opposite party no.4 and the petitioner only were found to be valid. Accordingly, notification dated 8.6.2009 was issued notifying names of applicants and inviting objections. In response to the notification, objection was received against candidature of the petitioner on the ground that she is a resident of village Godaramunda which is not included within the operational area of the A.W.C. An enquiry was conducted on the objection and report was submitted to the opposite party no.1-Sub-Collector, Pallahara for information and necessary action. Considering the relevant merits of the two candidates and report of the Committee, petitioner was engaged as A.W.W. by order dated 9.10.2009 which was assailed by the opposite party no.4 in Misc.Appeal No.7 of 2009 impleading the petitioner as opposite party no.2 mainly on the ground that she does not reside within the service area of Barakalapal Dangamanga A.W.C.. By the impugned order petitioner's selection as A.W.W. was declared void. Operative portion of the impugned order reads:

(3.) THEREFORE, the Sub-Collector had no authority to entertain the appeal in which selection of the petitioner as A.W.W. was assailed. Exercise of the authority by the Sub-Collector is in contravention of the guidelines and against the principles of natural justice. The impugned order is not sustainable.