The Court disposed of a writ petition challenging termination of petitioner, an Aanganbari Sevika. The Court held the post is not a civil post and directed the petitioner to move the Deputy Commissioner for a decision within four weeks.
Petitioner directed to move Deputy Commissioner with fresh representation within four weeks; writ petition disposed of.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (S) No.1240 of 2019
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Bindu Devi aged about 44 years wife of Hafindra Prasad, Resident of Village Tainsara, P.O. Tainsara, P.S. Gumla, District Gumla
.... .... …. Petitioner
Versus
CORAM : HON'BLE MR. JUSTICE SANJAY KUMAR DWIVEDI
For the Petitioner : Mr. Nandan Prasad, Advocate For the Respondents-State: Mr. Devesh Krishna, S.C. (Mines)-III
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This writ petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.
Though earlier order of counter affidavit is there but the writ petition can be disposed of for consideration.
The petitioner has preferred this writ petition for quashing the order dated 19.01.2018.
Mr. Nandan Prasad, learned counsel for the petitioner submits that the petitioner was working as Aanganbari Sevika at Aanganbari Centre Tanisara No. 102 in the District of Gumla. He submits that without providing any opportunity of hearing, the petitioner’s services has been terminated on the ground that the petitioner was absent for more than 15 days.
Learned counsel for the respondents-State submits that the post of Aanganbari is not a civil post and the Writ Court may not interfere under Article 226 of Constitution of India. The Deputy
Commissioner is competent authority to look into the matter.
In that view of the matter, the petitioner is directed to move before the Deputy Commissioner by filing fresh representation within a period of four weeks. If such representation is filed within the aforesaid period, the Deputy Commissioner shall take decision in accordance with rules, regulations and guidelines made in this regard and will pass reasoned order within a period of eight weeks thereafter from the date of receipt/production of copy of this order.
With the above observations and directions, this writ petition stands disposed of.
(Sanjay Kumar Dwivedi, J . )
Anit
1 issue framed by the court
Whether the Writ Court can interfere regarding termination of Aanganbari Sevika services.
1 provisions across 1 enactments
Bindu Devi
The State of Jharkhand
Deputy Collector, Gumla
Deputy Development Commissioner
District Social Welfare Officer, Gumla
Child Development Project Officer, Gumla
Sanjay Kumar Dwivedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
