DURGA DEVI Vs. STATE OF JHARKHAND
LAWS(JHAR)-2009-7-110
HIGH COURT OF JHARKHAND
Decided on July 14,2009

DURGA DEVI Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD the parties. In this writ petition, the petitioners have prayed for a direction to the respondents to allow them to continue as Anganbari Sevikas, since they were appointed after being selected in the Aam Sabha held for that purpose.
(2.) THE grievance of the petitioners is that their appointment has wrongly and illegally been cancelled by the Deputy Commissioner on flimsy ground and further that the respondent nos. 7 and 8 have wrongly and illegally been appointed in their place. According to the petitioners, in the meeting of Aam Sabha, they were duly selected and thereafter they were appointed and, therefore, their appointment could not have been cancelled by the Deputy Commissioner. According to the petitioners, after their appointment, they were also sent for training. A counter affidavit was filed by the respondent no. 2 and 5 duly sworn by the District Welfare - cum -District programme Officer, Jamtara, wherein, in paragraph nos. 18 and 19 it has been stated that the appointment of the petitioners as Anganbari Sevika was the result of a conspiracy of the then Child Development Project Officer, Narayanpur, who illegally changed the names actually selected candidates, i.e. Smt. Pratima Kumari and Smt. Saffeza Begam, i.e. respondent nos. 7 and 8 and in their place the names of the petitioners were inserted. On receipt of the complaint, regarding the action of the C.D.P.O., the Deputy Commissioner ordered for an enquiry into the matter and on enquiry, the allegation in that regard was found to be correct and, therefore another general meeting was called for the selection of Anganbari Sevika, and in the said meeting, the respondent nos. 7 and 8 were unanimously selected for being appointed as Anganbari Sevikas.
(3.) IN the second counter affidavit filed by the respondent no. 2 sworn by one Ranjit Prasad Saw, said to be the Project Officer, Meso Area -cum -District Programme Welfare Officer, Jamtara and in paragraph no. 6 it has been stated that the grievance of the petitioners was looked upon and enquired and it was found that no such irregularity was committed by the C.D.P.O. while appointing the petitioners namely Durga Devi.;


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