The petitioner challenged the termination of her contractual engagement as an Anganwari Karyakarti due to alleged dereliction, habitual absence, and non-distribution of articles. The court found no merit in the writ petition filed under Article 226 of the Constitution.
Petition dismissed; writ jurisdiction of Article 226 not invoked.
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Court No. - 6 Case :- WRIT - A No. - 38235 of 2016 Petitioner :- Smt. Manjula Devi Respondent :- State Of U.P. And 5 Ors. Counsel for Petitioner :- Birendra Pratap Yadav,Alok Kumar Gupta,Arun Kumar Tiwari
Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
This petition challenges an order dated 02 July 2016 pursuant to which the contractual engagement of the petitioner as Anganwari Karyakarti has come to be terminated.
The respondents in the order impugned have noted that the petitioner was found derelict in the discharge of her functions on an earlier occasion also. It has also been noted that she was habitually absent from the Center on dates it was inspected. Serious allegations have also been found levelled against the petitioner with respect to non distribution of articles from the Center. The respondents have noted that despite opportunity having been granted and afforded to her to mend her functioning, no improvement was evidenced. Consequently and bearing in mind the provisions of the Government Order dated 13 July 1999, her contractual engagement has been brought to an end.
On an overall consideration of the facts which have weighed with the respondents in annulling the contract of the petitioner, the Court finds no ground which would merit invocation of its jurisdiction under Article 226 of the Constitution.
The writ petition is dismissed.
Order Date :- 30.10.2018/faraz
2 issues framed by the court
Whether the termination of the petitioner's engagement as Anganwari Karyakarti due to dereliction and habitual absence warrants invocation of writ jurisdiction under Article 226.
Whether the petitioner's failure to improve functioning despite opportunity afforded justifies the annulment of the contractual engagement.
2 provisions across 2 enactments
Manjula Devi
State Of U.P.
5 Ors.
Yashwant Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
