MAMATA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner is a lady, who was engaged as DLR under unskilled category for a period of 44 days by the order of the Project Engineer, Project Management Unit-Opp. Party No. 3, Orissa Water Supply & Sewerage Board, Bhubaneswar, dated 2.12.1997, & she was getting due extension continuing as such till 10.11.2008. According to the Petitioner, she has worked about 12 years without any complaint from any quarters till she intended to contest for the post of Corporator in Municipal election & sought for permission from Opp. Party No. 2 by filing an application on 10.11.2008. The Petitioner failed to get elected to the post she contested in the Municipal election & hence on 8.12.2008 she filed an application before Opp. Party No. 2 requesting him to allow her to join in the post she was working but the same was not accepted by Opp. Party No. 2. Being aggrieved, the Petitioner filed a Writ Petition, being W.P. (C) No. 4980 of 2010, which was disposed of on 31.3.2010 with a direction to Opp. Party No. 2 to take a decision on the representation of the Petitioner dated 8.12.2008. Subsequently, the representation of the Petitioner was rejected, hence the present Writ Petition. A counter affidavit has been filed by Opp. Party No. 2 taking a stand that the earlier engagement of the Petitioner for 12 years has not been disputed but the Petitioner filed an application seeking for permission to contest in Municipal election in which she has given a condition that if the permission was not granted by the authorities, the letter be treated as a resignation. Accordingly, the authorities who were reluctant to grant her permission accepted resignation as per her wish. According to Learned Counsel appearing for Opp. Party No. 2 there is no infirmity in the order of acceptance of resignation of the Petitioner.

(2.) In course of hearing, our attention was drawn to Annexure-7, which is the order passed on the representation of the Petitioner in terms of the direction of this Court dated 31.3.2010 passed in W.P. (C) No. 4980 of 2010. The relevant paragraph of the order is quoted herein below:-

(3.) In course of hearing our attention is drawn to the resolution of the Government of Orissa, General Administration Department dated 14.12.1994 (Annexure-8), in which certain concessions have been given to women Govt. employees. The relevant concessions on which the Petitioner relies upon, are quoted hereunder: