SUNITA SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard counsel for the parties. The petitioner has approached this Court in the present writ application being aggrieved by the order dated 1st February, 2013 (Annexure-7) issued by the Respondent No. 4-District Social Welfare Officer, Giridih, whereby her services as Aanganbari Sevika, has been terminated.

(2.) It is the contention of the petitioner that she has been working regularly since 25 years on the said post at Aanganwari Kendra of Karihari (East), Giridih, but the impugned order, on the face of it, has been passed after giving only three days notice to respond to the allegations by letter No. 122 dated 22nd January, 2013. It is submitted that the said letter was received by the petitioner on 31st January, 2013, but the impugned order has been passed immediately thereafter on 1st February, 2013. The petitioner immediately preferred an appeal under the relevant provisions of the Circular contained in letter No. 525 dated 5th June, 2005 issued by the Social Welfare, Women and Child Development Department, Government of Jharkhand. The said appeal (Annexure-8) was preferred on 5th February, 2013 before the Deputy Commissioner, Giridih being aggrieved by the order impugned at Annexure-7. However, the appeal has not yet been decided and in the meantime, the Child Development Progression Officer, CDPO, Jamua (East) has issued a letter bearing No. 356 dated 10th September, 2013 for holding a Aam Sabha for selection of Aanganbari Sevika/Sahayika at several centres including Karihari (East) to which the petitioner is concerned. Today i.e. 25th September, 2013 is the date fixed for holding of such Aam Sabha. It is submitted that the respondents, without taking a decision on the pending appeal preferred before the Deputy Commissioner, Giridih, have chosen to fill up the post of Aanganbari Sevika/Sahayika of Karihari (East) Aanganbari Centre which is not proper in the eye of law. The said order for holding an Aam Sabha has also been sought to be challenged by way of I.A. No. 7473/13 and the petitioner has also sought stay of the same.

(3.) Counsel for the respondents, on the other hand, submits that the case is being taken up for the first time and no counter affidavit has yet been filed. However, counsel for the respondents submits that if the court so directs, the pending appeal of the petitioner would be decided within a short time, provided the petitioner co-operates in the said proceeding before the Deputy Commissioner, Giridih.