BABITA PATTANAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) Assailing the order dated 5.1.2012 passed by the Additional District Magistrate, Angul in Misc. Appeal No. 15 of 2010 under Annexure-6 directing the C.D.P.O., Banarpal to disengage the petitioner from the post of Anganwadi Worker of Santarapur Tanti Sahi Centre, the petitioner is before this Court. The petitioner's case in nutshell is that she married to one Subash Chandra Das of village Turanga in the district of Angul. But due to disturbances with her husband, she is staying in her parent's house at Santarapur, Banarpal in the district of Angul since 10.4.2005. The C.D.P.O., Banarpal, opposite party No. 4 issued an advertisement for filling up of the post of Anganwadi Worker for Santarapur "D" Anganwadi Centre in Fulapada Gram Panchayat under Banarpal I.C.D.S. Project on 15.2.2010. As the petitioner was a destitute, she applied for grant of residential certificate to the Tahasildar, Banarpal. On consideration of the same and causing an inquiry, the Tahasildar Banarpal vide Annexure-1 in Misc. Case No. 1969 of 2010 issued a residential certificate in favour of the petitioner. On the basis of residential certificate granted by the Tahasildar, the petitioner applied for engagement as Anganwadi Worker pursuant to the advertisement issued by the C.D.P.O., Banarpal. After following due procedure of selection, the petitioner was selected having secured higher percentage of marks and otherwise satisfied the requirements of the guidelines. Minarani Dash, who was one of the applicants, raised objection stating that the petitioner is a married woman and her husband's house is at village Turanga, Angul. Pursuant to such allegation, the C.D.P.O. made an enquiry with regard to the residential status of the petitioner and came to know that the petitioner is a divorced lady and further vide letter No. 163 dated 22.3.2010 sought for a clarification from the Tahasildar Banarpal. After receiving report from the Tahasildar, Banarpal and after perusal of the enquiry report dated 29.6.2010 submitted by the C.D.P.O., the selection committee issued engagement order in favour of the petitioner on 30.6.2010 under Annexure-2 pursuant to which she joined and has been discharging the duties assigned to her till date.

(2.) Challenging the engagement of the petitioner, opposite party No. 5 preferred an appeal before the learned Addl. District Magistrate, Angul, which was registered as Misc. Appeal No. 15 of 2010. On being noticed, the petitioner appeared, filed her show cause reply and also admitted that though she was a married lady, her marriage has been dissolved. The divorce proceeding in Mat Case No. 269 of 2010 pending before the learned Civil Judge (Junior Division), Angul culminated in judgment dated 9.12.2011, dissolving the marriage between the petitioner and her husband. The Addl. Dist. Magistrate passed a perfunctory order on the basis of the presumption stating that in absence of any documentary evidence separation of the petitioner from her husband, is not believable and as after marriage of an woman, she is supposed to stay with her husband at her in-law's house, the ADM further observed that the petitioner is staying with her husband at Turang, which is 15 kms. away from Santarapur (D) Tanti Sahi Anganwadi centre and after so saying, he has directed for disengagement of the petitioner and engagement of the opposite party No. 5, who claimed to have secured 2nd position in the selection. Hence, the writ petition.

(3.) Mr. D.K. Sahoo-1, learned counsel for the petitioner strenuously urged that the learned Addl. District Magistrate has not appreciated the facts in proper perspective and passed the impugned order without application of mind and the entire order is based on surmises and conjectures and on a misconceived notion and therefore, she sought for interference by this Court.