The petitioner challenged the rejection of her representation for the post of Anganwari Sewika on grounds of income qualification and sought appointment. The court noted the contractual nature of the post and the inquiry report against the petitioner, declining to interfere and dismissing the petition.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No.4220 OF 2009
Janki Devi
... Petitioner
Vs.
1.State of Jharkhand.
2.Child Development Project Officer, Chandankiari Block, Bokaro.
3.B.D.O Chandankiari, Block Dist. Bokaro.
….. Respondents
CORAM: HON’BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr.P.K Mukhopadhaya Adv.
For the Respondents A.C to G.P IV
Order No.6 : Dated 17th August, 2019
Heard the learned counsel for the parties .
The petitioner has questioned the legality and validity of the order dated 31.3.2008 whereby the representation of the petitioner has been rejected. The petitioner has also prayed in this writ petition for appointment on the post of Anganwari Sewika. She has also questioned the appointment of the respondent no.5.
Mr. P.K. Mukhopadhaya, the learned counsel for the petitioner submits that the petitioner is entitled for appointment on the post of Anganwari Sewika as she is having a qualification for that post. He further submits that the petitioner earlier moved before this court by way of filing a petition being W.P(S) No. 3443 of 2007 which was disposed of vide order dated 5.2.2008 with liberty to the petitioner to pursue the matter before the Deputy Commissioner, Bokaro. Pursuant to that, the Deputy Commissioner has passed the order whereby the claim of the petitioner has been rejected on the ground that the petitioner is not under the below poverty line which is a criteria for appointment on the said post. He further submits that the petitioner is living separately from his in-laws and her husband is an unemployed person and accordingly, he submits that findings of the Deputy Commissioner, is not correct.
On the other hand, the learned counsel for the respondent submits that on inquiry by the BDO it has been reported that the petitioner is not fulfilling the criteria of the
-2-
below poverty line.
Be that as it may, As the Anganwari Sewik is appointed on contract basis and the condition precedent is admitted by the petitioner in para 6(b) of the writ petition and inquiry report of the BDO is also against this petitioner, I am not inclined to interfere with this writ petition. It is accordingly dismissed.
(Sanjay Kumar Dwivedi, J.)
SD
2 issues framed by the court
Whether the petitioner is entitled to appointment on the post of Anganwari Sewika considering the rejection of her representation due to income criteria.
Whether the appointment of the petitioner on a contract basis is liable to be set aside on the ground that she does not fulfill the below poverty line criteria.
Janki Devi
State of Jharkhand
Child Development Project Officer, Chandankiari Block, Bokaro
B.D.O Chandankiari, Block Dist. Bokaro
Deputy Commissioner, Bokaro
Kamini Devi
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
