SUMITRA BEHERA Vs. STATE

JUDGEMENT

(1.) Petitioner has assailed the order of the Sub-Collector, Puri dated 25.8.2009 passed in Anganwadi Appeal (Misc.) No.21 of 2007 thereby dismissing the appeal of the petitioner and upholding selection and appointment of respondent No.5, Laxmipriya Behera.

(2.) Chequered history of this case in brief is that, an advertisement was issued by Women and Child Development Department on 14.5.2007 inviting applications from eligible candidates for the post of Anganwadi Worker at Hatasahi Anganwadi Centre. Petitioner along with various other persons including respondent No.5, Laxmipriya Behera submitted her application for consideration. One of the candidates withdrew her application, whereas another candidate absented herself on the date of verification leaving the petitioner and respondent No.5 for consideration for selection. After selection process was complete, Department selected and appointed Laxmipriya Behera as Anganwadi Worker for the aforesaid Anganwadi Centre. As per the case of the petitioner she belonged to Hatasahi whereas respondent No.5 belonged to Kakatpur i.e. outside the service area of Hatsahi Anganwadi Centre.

(3.) Aggrieved by the selection of Laxmipriya Behera, petitioner filed an appeal before the Sub-Collector, Puri being Anganwadi Misc. Appeal No.21 of 2007 alleging that Laxmipriya Behera did not belong to village Hatasahi as she was not residing within the service area of the centre. Sub-Collector allowed the appeal with the observation that Laxmipriya Behera did not belong to village Hatasahi. He set aside the selection of Laxmipriya Behera made by the Selection Committee on 26.06.2008 and issued a direction to the Department to issue engagement order in favour of the petitioner. Petitioner was accordingly issued an engagement order dated 2.7.2008 and on receipt of the same, she joined as Anganwadi Worker at Hatasahi Anganwadi Centre.