SMT. DUTIKA MUNDA @ DUTIKA MUNDA W/O DINESH MUNDA, VILL: SAHAJBAHAL, PO: KHARASANMAL, VIA: GOURPALI, DIST: SAMBALPUR Vs. STATE OF ORISSA AND OTHERS

JUDGEMENT

(1.) IN the present Writ Appeal, the Appellant assails the order dated 07.03.2011 passed by a learned Single Judge of this Court in W.P.(C) No. 8976 of 2009 by which the learned Single Judge confirmed the order of the Collector, Sambalpur in cancelling the appointment of the Appellant as Anganwadi Worker in village Sahajbahal in the district of Sambalpur.

(2.) BEREFT of unnecessary details, the facts and circumstances giving rise to the present Writ Appeal are that the Appellant along with three others applied for the post of Anganwadi Worker for village Sahajbahal under Jamankira Block and attended the interview in which the Appellant stood first and Respondent No. 5 -Smt. Uttamasini Mahakul stood second. According to the Appellant, the said post was reserved for SC and ST candidate and the Appellant is the only ST candidate. She possesses the High School pass certificate and is a permanent resident of the said Anganwadi Centre. Pursuant to the order of engagement dated 04.08.2007 issued by the C.D.P.O., Jamankira in favour of the Appellant, she joined in the said post on 06.08.2007. While she was continuing as such, Respondent No. 5 filed writ petition No. 14599 of 2007 before this Court challenging engagement of the Appellant as Anganwadi Worker in Sahajbahal village. The said Writ Petition was disposed of with a direction to the Collector, Sambalpur to dispose of the matter on merit. The Collector, after hearing both the parties vide its order dated 08.06.2006 directed disengagement of the Appellant as Anganwadi Worker on the ground that the Appellant is not a permanent resident of village Sahajbahal and further directed for engagement of Respondent No. 5 as Anganwadi Worker in the said village. Being dissatisfied by the said order, the Appellant approached this Court in W.P.(C) No. 8976 of 2009 and the learned Single Judge vide order dated 07.03.2011 confirmed the order passed by the Collector, Sambalpur and dismissed the writ petition. Hence, the present appeal.

(3.) LEARNED Government Advocate supported the orders passed by the Collector, Sambalpur as well as the learned Single Judge and produced photocopies of record for perusal of this Court.