PRABHA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner has approached this court with a prayer for releasing of the salary for the period from August 2015 to till date which has been illegally withheld by the respondent authorities. Further prayer has been made to release the fund of Posha-Ahaar (Nutrition) of Pipra-Centre as the same has been withheld without any reason.

(2.) The petitioner was appointed after following the entire procedure of the selection to the post of Anganwari Sevika for Pipra Anganwari Centre in the year 1985. Petitioner started functioning as Anganwari Sevika for Pipra Anganwari Centre. Petitioner was continuing to work and discharge her duty properly and without any hindrance. Subsequently in the year 2015 dispute arose between the petitioner and C.D.P.O Hariharganj with respect to the illegality for release of fund of Posha-Ahaar (Nutrition) of different centre in Hariharganj Block. Thereafter from August, 2015 the salary of the petitioner and the payments of the vouchers submitted by the petitioner with respect to the Posha-Ahaar (Nutrition) has not been released by the then C.D.P.O, Hariharganj.

(3.) It is further case of the petitioner that thereafter she made her application on 04.06.2016 for grant of leave on the ground of her medical treatment, when the leave has not been sanctioned by the then C.D.P.O, Hariharganj, then the petitioner made an application on 06.06.2016 for leave before the District Social Welfare Officer, Medininagar which was considered and the petitioner was granted leave from 06.06.2016 to 11.6.2016. It is the case of the petitioner that she was granted leave for her medical treatment then the C.D.P.O, Hariharganj vide letter no. 87 dated 07.06.2016 made recommendation to the District Social Welfare Officer, Medininagar to relieve the petitioner from the post of Sevika. On the basis of the said recommendation of the C.D.P.O, Hariharganj, the District Social Welfare Officer, Medininagar vide letter no. 1361 dated 30.09.2016 issued direction to the Block Development Officer, Hariharganj to make an enquiry and submit its report within 3 days. Thereafter the Block Development Officer, Hariharganj vide letter no. 750 dated 28.11.2016 submitted its enquiry report with an observation that no illegality has been committed by the petitioner as alleged by the then C.D.P.O, Hariharganj. In spite of the enquiry report holding the petitioner not guilty of the charges, no orders were passed by the respondents for release of the salary of petitioner from August 2015 to till date and as such the present writ petition has been preferred.