BINAPANI @ SUBHADRA SETHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) ASSAILING the judgment and order dated 15.3.2013 passed by the learned Single Judge in W.P.(C) No.567 of 2013, the present appeal has been filed Under Clause 10 of the Letters Patent. By the said order, learned Single Judge dismissed the writ petition and thereby confirmed the order dated 27.12.2012 passed by the Sub - Collector, Balasore in SSW Misc. Case No.8 of 2012 whereby and whereunder a direction was issued to the C.D.P.O., Jaleswar, respondent no.4 to disengage the appellant from the post of Anganwadi Helper and engage Smt. Bhabani Ghose, respondent no.5, in the said post in Keshpura Anganwadi Centre.

(2.) THE facts in brief are that pursuant to the advertisement dated 21.12.2009 for the post of Anganwadi Helper in Keshpura -II Anganwadi Centre, the appellant made an application. The Mahila Sabha was convened by the C.D.P.O. on 10.5.2011. It recommended the name of the appellant for selection of Anganwadi Helper. On being selected, she was engaged as Anganwadi Helper on 23.5.2011. Challenging the selection of the appellant, the respondent no.5 filed an application before the Sub -Collector, Balasore, which was registered as S.S.W. Misc. Case No.8 of 2012. It is stated that the appellant was over age. She had submitted false school leaving certificate and residential certificate. Further, she had not submitted her residential certificate along with her application. After hearing at length, the Sub -Collector, Balasore by order dated 27.12.2012 came to hold that the appellant had failed to prove that she can read and write Oriya and was not above 42 years at the time of submission of application. It is further held that she had submitted false school leaving certificate and residential certificate. Having held so, the Sub -Collector directed the C.D.P.O., Jaleswar to disengage the appellant from the post of Anganwadi Helper and engage respondent no.5.

(3.) ASSAILING the said order, the appellant has filed the writ petition. In an elaborate judgment, learned Single Judge came to hold that the appellant does not belong to the local area as per the Government Guidelines and no document had been filed in support of her residential certificate, bereft of the allegation of fraudulent document, i.e., school leaving certificate to show her age.