ANSU DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) RULE . J.C. to Sr. SC -II waives notice of Rule on behalf of all the respondents.

(2.) IT appears from the facts of the case that the present petitioner was appointed on the post of Angan Bari Sevika on July 29, 2007. Thereafter, she resumed the post and was working on the said post. It is also submitted by the counsel for the petitioner that on February 4, 2009, abruptly, without giving any notice and without giving any opportunity of being heard, on the basis of some letter at Annexure 7 to the memo of present petition, by order dated February 4, 2009 (Annexure 8 to the memo of present petition) the services of the present petitioner have been brought to an end arbitrarily and unilaterally and, therefore, the present petition has been instituted. Had an opportunity been given to the present petitioner, the petitioner would have pointed out that as on the date of appointment she had already attained the age of more than eighteen years because on that ground her services were brought to an end.

(3.) THUS , looking to the date of appointment as per the appointment letter dated July 29, 2007 and looking to her date of birth at Annexure 2, it appears, prima facie, that the present petitioner was more than 18 years of age at the time of her appointment and, therefore, if an opportunity would have been given to the present petitioner by issuing a notice by the concerned respondent authority before termination of her services, the aforesaid fact could have been pointed out by the present petitioner with necessary document and evidence. Admittedly, no notice of hearing was ever issued to the present petitioner. Thus, there is a breach of the