(1.) HEARD learned counsel for the petitioner and learned counsel for the State.
(2.) PETITIONER was working as Anganban Sewika at centre located in village Gunhesa under Gogari Gram Panchayat in the district of Sheikhpura. By impugned order dated 31.10.2002 contained in Annexure -5 petitioner has been deselected under orders of Child Development Project Officer (CDPO), Sheikhpura in compliance of order of District Development Commissioner, Sheikhpura dated 26.10.2002. It appears that there were reports from the CDPO, Sheikhpura that during inspection on various dates petitioner was found absent from the centre and she was not looking after the work of Anganbari Sewika properly. The term deselection in effect amounts to removing the petitioner from the post of Sewika under the Anganbari Project.
(3.) ON perusal of the two circulars which have been annexed with the writ petition it is clear that the later circular dated 25.9.2001 supersedes the earlier circular to the extent of inconsistency. Under the circular of 2001 the control over personnels has been specifically vested in the Gram Panchayat. Learned counsel for the State has fairly submitted that provision of appeal before the Collector has also been subsequently annulled by another circular issued in the year 2003.