Charulata Behera Versus Pravati Parida & Ors.




[Arising out of S.L.P.(C) No.10183 of 2012]

Charulata Behera …..Appellant


Pravati Parida & Ors. …..Respondents


The moot question to be answered in this appeal is whether the Division Bench should have allowed the writ appeal only on technicalities and on the basis of certain orders passed earlier when on facts there was no ambiguity that respondent no.1 was not a resident of the concerned centre and hence lacked the basic eligibility for engagement as Anganwadi Worker for the centre. Learned counsel for the appellant has taken us through the relevant orders and enquiry reports which show that even before the appellant was engaged, as soon as respondent no.1 came to know that in the selection process appellant had secured highest marks and was likely to be engaged, she approached appellate/higher authority – respondent no.3, the Sub-Collector, Khurda. By order dated 26.12.2009, respondent no.3 noticed that appellant’s sister was engaged as Anganwadi Worker in another centre and, therefore, without waiting for the order of engagement, as appellate authority – respondent no.3 set aside the orders selecting the appellant and the matter was remanded back to the Child Development Project Officer – respondent no.4 to reconsider the case of the respondent no.1 as per the Government guidelines. The Selection Committee reconsidered the relevant facts in a meeting held on 04.06.2010 attended by five members of the Selection Committee including the Sub- Collector, Khurda who had remanded the matter for reconsideration. The minutes of the proceedings of Selection Committee dated 04.06.2010 have also been signed by Sub-Collector, Khurda and they disclose that appellant was found to be the most eligible candidate for appointment. In the mean time, respondent no.1 had preferred a writ petition bearing W.P.(C) No.9300 of 2010 in which her simple grievance was that order of Sub-Collector, Khurda dated 26.12.2009 was not being implemented. That writ petition was disposed of on 20.05.2010 with a direction to implement the order of Sub-Collector within four weeks….read more