SUSHILA DEVI SHARMA Vs. STATE GOVERNMENT OF RAJASTHAN

JUDGEMENT

(1.) Instant special appeal is directed against order of the ld.Single Judge dt.30.11.2016.

(2.) The facts, in nutshell, relevant for the present purpose are that an application was submitted by the appellant-petitioner seeking employment as Anganwari Worker in the Village Jirana to the concerned authority and indisputably without any mode of selection and opportunity to the eligible incumbents who are similarly situated and as mandated by Art.14 of the Constitution on the very request made, the appellant was appointed as Anganwari Worker vide order dt.09.08.1983 (Annex.R/2) and was paid honorarium which was revised by the State Government from time to time and at the time when the order dispensing with her services came to be passed dt.26.09.2014, she rendered 31 years of service and the authority in its order dt.26.09.2014 observed that before the decision being taken for dispensing with of her services, inspection took place on six different occasions of the center where she was posted i.e. on 29.04.2014, 19.05.2014, 23.06.2014, 24.07.2014, 01.09.2014 and 23.09.2014 and it revealed that she was not following the basic norms and maintaining the records and so also the other instructions to be followed as directed by the State Government from time to time for running the center.

(3.) In addition to it, it was also observed that the appellant- petitioner has become old and it may not be possible for her to continue and further there is a complaint by the local residents which certainly has impaired her efficiency and the Sarpanch of Gram Panchayat, Nadauti vide letter dt.22.09.2014 informed for improvement of her performance of work which she has not carried out, in the given facts and circumstances, a decision was taken for dispensing with her services as Anganwari Worker vide order dt.26.09.2014, which was the subject matter of challenge by filing of the writ petition and because of the interim order passed by the ld.Single Judge of this court, she practically was allowed to continue till disposal of the writ petition.