USHA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner in this writ application has prayed for an appropriate writ directing the Director, Social Welfare Department, Jharkhand, Ranchi (Respondent NO.2), to cancel the selection of the Private Respondent No. 9 on the post of 'Anganbari Sevika' at Chandpur -II, 'Anganbari' Centre and also for a direction to the Deputy Commissioner, Deoghar (Respondent No. 4), for conducting a fresh selection of 'Anganbari Sevika' of the aforesaid Centre by calling a general meeting of Villagers for selecting 'Anganbari Sevika' by constituting a Selection Committee under the Chairmanship of the concerned C.D.P.O.

(2.) THE petitioner's case in brief is that she is a Graduate unemployed lady belonging to the Backward Category and is a permanent resident of village Chandpur situated under Dcoghar Block within the district of Deoghar. She had applied for her selection as 'Anganbari Sevika' for the 'Anganbari' Centre at Chandpur -II, Jasidih. At the Amsabha of the villagers, the petitioner's name was proposed for her appointment on the post of 'Anganbari Sevika' but the Respondent No.7, who by virtue of his designation as Probationer Divisional Collector, had assumed charge as Chairman of the 'Amsabha' and despite the selection of the petitioner by the 'Amsabha' for the post constituted, the Respondent No. 7 did not issue the appointment letter to the petitioner and had illegally issued the appointment letter to the Respondent no. 9 even though the 'Amsabha' had not recommended for the appointment of the Respondent No. 9 to the said post.

(3.) LEARNED counsel further explains that though counter affidavit has been filed on behalf of the Respondent No.1, namely, the State of Jharkhand and the Respondent No.2, the Director, Social Welfare but strangely enough, the Respondent No.2 has disowned the responsibility on the ground that the appointment of 'Anganbari Sevika' does not fall within the jurisdiction of the Department of Social Welfare and therefore, he has nothing to do in the matter on the representation filed by the petitioner. Referring to the Circular, (Annexure -1) vide Memo No. 3/ Sa/Ka -134/2002 -Ka -585, issued by the Government of Jharkhand, through the Secretary, Social Welfare, Women and Children Development Department, issued by the Secretary to the Government, learned counsel submits that besides laying down the procedures according to which the 'Anganbari Sevikas' are to be appointed, Clause 17 of the aforesaid Govt. Circular states that the Director, Department of Social Welfare has the authority to cancel the appointment of the 'Anganbari Sevikas' and 'Sahayikas', in the event of any irregularity in their appointments in violation of the procedure laid down in the circular and the order of the Director, Social Welfare shall be appellable to the Secretary of the concerned Department. The Respondent No. 2 cannot refuse to acknowledge his responsibilities.