KUNTI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties. The grievance of the petitioner is that her services as Aaganbari Sevika for Madhavpur Centre, Panchayat-Madhavpur; Chatra has been cancelled by the impugned order dated 20.8.2011, Annexure-3, issued by the District Social Welfare Officer, Chatra under the direction of Deputy Development Commissioner, Chatra dated 9.8.2011. The same has allegedly been done on the ground that her residential certificate was found to be incorrect and she does not belong to the feeder area for which the centre has been created. In the said order, a fresh Aam Sabha has been directed to be convened.

(2.) It is the case of the petitioner that on the basis of duly constituted Aam Sabha on 18.1.2007, the petitioner was recommended for appointment as Aaganbari Sevika as per Annexure-1. Thereafter, she was issued appointment letter after approval of the provisional appointment vide Annexure-2/1 dated 13.6.2008 by the Child Development Project Officer, Itkhori, District-Chatra. Learned counsel for the petitioner by referring to Annexure-4 certificate of resident issued by the Circle Officer, Itkhori, District-Chatra states that, she belongs to the Village-Lambodih which constitutes Aaganbari Centre, Madhavpur. As per Annexure-6 brought on record by way of supplementary counter affidavit filed on 11.9.2013, it is submitted that Madavpur Centre is constituted of Villages-Lambodih, Prithivipur and Madhavpur and the petitioner being the resident of Lambodih with a certificate duly issued by the Circle Officer, Itkhori, District-Chatra fulfills the requirement of residence of feeder area of the said centre. In such circumstances, neither her certificate of residence is incorrect nor the allegation that she does not belong to the feeder area is proper. She had undergone training and had worked for a considerable length of time i.e. for more than three years, but her services have been terminated on 20.8.2011 under the direction of the Deputy Development Commissioner, Chatra, who is not competent to terminate the services of such Aaganbari Sevika. Learned counsel for the petitioner has relied upon the judgment rendered in the case of Smt. Tara Devi vs. The State of Jharkhand & Ors., 2013 3 JLJR 497. In such circumstances, the impugned order has been assailed.

(3.) The respondents were asked to specifically state on the last occasion whether the services of the petitioner as Aaganbari Sevika has been approved by the Competent Authority under the relevant circulars and guidelines prevalent in the respondent department. Learned counsel for the respondents submits, on instructions, that her selection was duly approved by the Competent Authority i.e. the Deputy Development Commissioner, Chatra, whereafter, Annexure-2/1 was issued. The respondents have, however, questioned the appointment of the petitioner on the ground that she has certificate of residence issued for educational purpose only by the Circle Officer, Itkhori whereas the requirement was for a residential certificate issued for the purposes of employment specifically. They have justified the impugned order on the ground that the petitioner belongs to the Villager Lambodih whereas the Aaganbari Centre, Madavpur is in Madhavpur Panchayat, District-Chatra.