LILAWATI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant Smt. Lilawati Devi against the order dated 14.08.2006 passed in W.P(.S). No. 188 of 2006 by which the writ petition was dismissed holding therein that the order dated 26th July 2004 granting promotion to the petitioner on the post of Anganbari Sewika was not fit to be sustained as her initial appointment as Sahayika itself was illegal since she was not duly qualified. Thus the order dated 21.10.2005 issued by the Deputy Commissioner, Garhwa whereby selection of the petitioner on the post of Sevika had been cancelled, was upheld by the learned Single Judge. - -

(2.) CHALLENGING the order passed by the learned single Judge, it was submitted that the appellant had been initially appointed as Anganbari Sahayika by order dated 13.08.1997 and thereafter on completion of her training on the said post in Angan Bari Training Centre, Dumardag, Ranchi, she was recommended for confirmation. In the meantime, a writ petition W.P.(S) No. 3628 of 2005 was filed before this Court by one Smt. Asha Devi, challenging the order dated 26th July 2004 by which the petitioner/appellant herein was appointed as Anganbari Sewika which was a promotional post. A Bench of this Court disposed of the same and the matter was remitted to the competent authority to consider whether the promotion granted to the appellant/petitioner as Anganbari Sewika was fit to be sustained. At the stage of enquiry, it was held that the initial appointment of the petitioner/appellant on the post of Sahayika was itself not sustainable as she was not a matriculate and her initial appointment itself was illegal and hence the order of promotion also was not fit to be sustained.

(3.) THE Counsel for the respondents/State also could not refute the position that the appellant had initially been appointed as Anganbari Sahayika which is reflected from the impugned order by which the promotion of the appellant was cancelled and he further could not controvert the fact that no show -cause notice was issued to the petitioner before canceling her initial appointment.