SUMITRA SWAIN Vs. STATE OF ORISSA AND ORS.

JUDGEMENT

(1.) PETITIONER being aggrieved with the order dated 20.8.2010 passed by the Additional District Magistrate, Cuttack in Anganwadi Appeal No. 63 of 2010 by which engagement of the petitioner as Anganwadi worker in Talabania Anganwadi Centre has been cancelled on the ground that the petitioner was not residing in a rented house for the relevant period.

(2.) BRIEF facts of the case is that in terms of advertisement dated 30.10.2009 for engagement of Anganwadi Worker in respect of Talabani Anganwadi Centre under ICDS Project, Cuttack city petitioner and others along with opposite party No. 6 had made applications for consideration of their candidature.

(3.) LEARNED counsel for the petitioner has submitted referring to the guideline dated 2.5.2007 wherein provision has been made at clause -1 that " applications for selection of Volunteers to work as Anganwadi Workers will be invited for each village/Anganwadi Centre area from women residing in the said village/Anganwadi Centre area. Referring to the provisions of the guideline submission has been made that since only requirement under the guideline is that candidates being residents of that area either permanent or temporary will be considered for candidature. Petitioner being residing in a rented house for last three years and to that effect residential certificate has been issued by the competent authority under the guideline, which has not been cancelled by the competent authority. Under the relevant provision of law, the appellate authority ought to have considered the said residential certificate but order has been passed without consideration of the same.