SAROJINI SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE petitioner in this writ petition seeks to quash the order dated 27.4.2010 passed by the Sub -Collector, Sadar, Cuttack in Appeal No.14 of 2009 under Annexure -2 by setting aside the engagement of opposite party no.4 and allowing the petitioner to continue as Anganwadi Worker of Adalia Anganwadi Centre.

(2.) THE case of the petitioner in nutshell is that pursuant to the advertisement issued by the C.D.P.O., Cuttack for engagement of Anganwadi Worker for Adalia Anganwadi Centre, the petitioner being a resident of village Adalia made necessary application for the said post. Following a due procedure of selection, the petitioner was selected and was issued with engagement order vide Annexure -1 dated 29.11.2008. Pursuant to such engagement order, the petitioner joined in the said post on the very same day, i.e. on 29.11.2008. The opposite party no.4 challenging such selection of the petitioner, preferred an appeal before the Sub -Collector, Sadar, Cuttack and upon hearing the Sub -Collector, Sadar, Cuttack vide impugned order dated 27.7.2010 allowed the appeal by setting aside the engagement order issued in favour of the petitioner on the ground that she is not a permanent resident of the service area of Adalia Anganwadi Centre and directed the C.D.P.O., Cuttack to finalize the selection of Anganwadi Worker from amongst the eligible candidates as per the merit list.

(3.) THE C.D.P.O., Cuttack, opposite party no.3 has filed counter affidavit stating that as per the guidelines issued by the Government, the candidates for selection of Anganwadi Worker should belong to the service area of the Anganwadi Centre and a resident certificate should be produced along with the application form for consideration of her application. It is further stated that since the petitioner submitted her resident certificate that she is a resident of village Adalia and secured highest mark, she was selected as Anganwadi Worker in respect of Adalia Anganwadi Centre. On the basis of the complaint lodged by opposite party no.4 by preferring appeal, the Sub -Collector, Cuttack got the matter enquired through the Tahasildar, Sadar, Cuttack, who submitted a report stating that the petitioner was residing in the house of one Bhagyadhar Prusty on rental basis and presently, she is residing in the house of one Basanti Barik of village Adalia on rental basis. It is further stated in the counter that since the candidature of the petitioner was considered on the strength of the resident certificate issued in her favour and the no objection was received from any quarter during the statutory period of inviting objection, the petitioner was issued with engagement order to work as Anganwadi Worker in Adalia Anganwadi Centre. But on enquiry when it was found that she was residing on rental basis, her selection was set aside by the opposite party no.2 by the impugned order.