PRATIMA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this writ petition, the petitioner has prayed for issuance of writ in the nature of certiorari or any other writ/ writs or direction/ directions quashing the impugned order dated 23.05.2012 i.e. Annexure-6 issued by the opposite party no.3- District Project Coordinator, SSA, Nayagarh and directing the opposite parties more particularly the opposite party no.2- Collector-cum-Chief Executive Officer, Zilla Parishad, Nayagarh, At/PO/ District- Nayagarh to engage her in the post of Sikhya Sahayak in any Primary School under Bhapur Block.

(2.) Facts are not in dispute.

(3.) Terming the reasoning given by the opposite party no.2- Collector-cum-Chief Executive Officer, Zilla Parishad, Nayagarh to be inappropriate and erroneous, learned counsel for the petitioner submitted that while considering the case between the Appointing Authority and the Appointee concerned, the opposite party no.2- Collector-cum-Chief Executive Officer, Zilla Parishad, Nayagarh should not have taken into consideration the persons who may have higher marks than the petitioner but has accepted the fait accompli and have not taken any step for redressal of their grievances, if they have any. 03.1. The other distinguishing feature in this case is that the cases of some persons were considered, though they have not come forward to knock the doors of the Court or even of the authorities. But, when the petitioner was found eligible; she was given letter of appointment; she resigned from her service as an Anganwadi Worker and then joined the post of Sikhya Sahayak and continued for some time, thereafter, this matter arose.