K M NAJISH Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-6-99
HIGH COURT OF UTTARAKHAND
Decided on June 10,2013

K M Najish Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

SUDHANSHU DHULIA, J. - (1.) THE petitioner is an "Anganbari Karyakatri" at "Anganbari Centre Gadowali in Block Bahadarabad, District Haridwar. She is aggrieved by order dated 31.5.2012 by which her services have been terminated on the ground that on inspection the said "anganbari centre" was found closed on two occasions i.e. on 8.5.2012 and 19.5.2012. The petitioner, on the other hand, has referred the Government order dated 24.2.2009 which governs the services of "anganbari karyakatri" according to which services of an "anganbari karyakatri" can be terminated if the "anganbari centre" is found closed on three occasions.
(2.) IN the counter affidavit, it has been stated that apart from two occasions, the "anganbari centre" was also found closed on another occasion. This allegation, the petitioner contends is mainly for blocking the loopholes by the respondent authority, as the impugned order itself says that "anganbari centre" was found closed only on two occasions and not on three occasions. The petitioner alleges bias against the respondent authority and also filed a caveat application.
(3.) IN view of the Government order according to which the services of the petitioner can only be terminated if the "anganbari centre" is found closed for three occasions, there was no cause for the respondents to terminate the services of the petitioner as admittedly in the impugned order it has been mentioned that the "anganbari centre" was found closed on only two occasions. Writ petition is therefore succeeds and is hereby allowed. Order dated 31.5.2012 is hereby quashed.;


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