GITA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) We have heard both sides.

(2.) Petitioner was an Anganbari Sevika elected by the Aam Sabha and appointed in the year 2007. Subsequently, by the order, which was under challenge in the writ petition, the Deputy Development Commissioner, Deoghar cancelled the appointment on the ground that the Petitioner was not the daughter-in-law of the village where she has been appointed but a daughter. In the writ petition, it was urged and accepted by the learned single Judge that the Petitioner was a married daughter having her parental house in the village where she has been appointed and the scheme permitted the appointment of married daughter residing in the village where the appointments were sought to be made and only debarred the unmarried daughters.

(3.) Having come to that conclusion, the learned single Judge further directed an inquiry to be held about the actual residence of the Petitioner in the village where she has been appointed. This direction only appears to be reasonable, because a married lady, living in her parental house and not with her husband, is not normal and although it has been submitted that the Appellant was living at her parental village along with her husband, but it has not been detailed why the husband had started residing in that village and what he was doing for a living there.