LAWS(ORI)-2015-7-31

BHAGYABATI BADI Vs. STATE OF ODISHA AND ORS.

Decided On July 14, 2015
Bhagyabati Badi Appellant
V/S
State of Odisha And Ors. Respondents

JUDGEMENT

(1.) IN this writ petition, petitioner being aggrieved with the order dated 30.7.2013 as contained in Order No. 1541 and subsequent order dated 14.8.2012 as contained in order No. 463 issued by the Child Development Project Officer, Tarbha, has approached this Court.

(2.) FACTS of the case is that the petitioner was working as Anganwadi Worker in Menda -3 Anganwadi Centre having been engaged on 2.2.1993. Government has taken decision to select Anganwadi Worker as Lady Supervisor having matriculation qualification with 10 years experience on regular post and graduate with 5 years experience for contractual post, petitioner being eligible has appeared before the selection committee which was held on 27.4.2012 and thereafter she was found fit for selection of Lady Supervisor, her name finds place in the list containing names of 21 Anganwadi Workers to be engaged as Lady Supervisor on contractual basis.

(3.) C .D.P.O., Tarbha vide his letter No. 463 dated 14.8.2012 directed the petitioner to continue as Anganwadi Worker at Menda -3 Anganwadi Centre. Both these orders have been impugned in this writ petition on the ground that order dated 30.7.2012 has been passed without issuing notice to the petitioner, sole contention of the learned counsel for the petitioner is that if show cause notice would have been issued to the petitioner, the petitioner would have challenged clarification dated 9.2.2009. He further submits that order dated 30.7.2012 has not been passed without issuing show cause notice and the same is in violation of principle of natural justice.