SABITA PARIDA Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition under Articles 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the Office Order dtd. 6/5/2016 under Annexure-10, which was passed/issued by the Collector-cum-Chief Executive Officer, Zilla Parishad, Mayurbhanj (Opp. Party No.2) disengaging the petitioner from Shikshya Sahayak with effect from the forenoon of 19/4/2016.

(2.) The factual backgrounds of this writ petition, which prompted the petitioner for filing of the same is that, as per advertisement of the Government for the selection of Shikshya Sahayaks in Betnoti Block of Mayurbhanj District, the petitioner along with others applied for the same. After taking the application, mark sheets and other documents of the petitioner into account, the Opp. Parties selected to the petitioner as Shikshya Sahayak and then, as per the guidelines of the Government, on proper execution of an agreement on dtd. 22/3/2011 with the Collector-cum-Chief Executive Officer, Zilla Parishad, Mayurbhanj (Opp. Party No.2), she (petitioner) was appointed as Shikshya Sahayak in Jalghera Primary School under Tarkani Gram Panchayat of Betnoti Block in the District of Mayurbhanj.

(3.) On the basis of the said enquiry report of Opp. Party No.3 vide Annexure-9, the Opp. Party No.2 passed/issued office order vide Annexure-10 on dtd. 6/5/2016 and disengaged to the petitioner (Sabita Parida) from Shikshya Sahayak w.e.f. forenoon of 19/4/2016 stating that, her engagement as Shikshya Sahayak was unlawful assigning reasons that,