SANTOSINI MAHAKUD Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner in the present writ application questions the correctness of order dtd. 12/8/2016 passed by the Additional District Magistrate (ADM), Angul in Misc. Appeal No. 29 of 2011 whereby, said appeal filed by the present opposite party No.5 was allowed, the petitioner's engagement as Anganwadi Worker was set aside and the selection committee was directed to engage the next eligible candidate out of the selection list.

(2.) The facts of the case are that pursuant to an advertisement dtd. 2/3/2010 issued by the C.D.P.O., Athamallik for engagement of Anganwadi Worker of Badatikira Anganwadi Center, the petitioner, opposite party No.5 and other candidates submitted their applications. In the selection process, the petitioner was found suitable among all candidates and was therefore, selected for engagement. She was thereafter issued with order of engagement on 25/3/2011 and since then, has been continuing as Anganwadi Worker. The present opposite party No.5 challenged her selection by filing the aforementioned appeal before the ADM on the ground that she does not belong to the Anganwadi Center area.

(3.) In the counter affidavit filed by the State opposite parties it is admitted that Badatikira Anganwadi Center is within Baragaon revenue village. The joint enquiry was conducted in presence of the petitioner as well as opposite party No.5. As per the said report, the petitioner had obtained a resident certificate dtd. 11/3/2010, wherein the RI report speaks that she was residing over Plot No. 304 under Holding no.4 of village Baragaon which comes under the jurisdiction of Baragaon-II Anganwadi Center. The claim that the petitioner is residing over Plot No.116/1286 is denied by stating that she and her family reside over Plot No. 304 under holding No.4. It is further stated that nobody challenged the residential status of the petitioner during selection and the selection committee unanimously selected her basing on her merit. It is only during the appeal that direction was issued to conduct a joint enquiry, which being conducted, revealed that the petitioner is a resident within the jurisdiction of Badatikira Anganwadi Center.