RANCHI, India, July 28 -- Jharkhand High Court issued the following order on June 30:
1) The instant writ application has been preferred by the petitioner for the following reliefs:
"(I) For quashing / setting aside the order dated 11.03.2023 (Annexure-8) passed by the Deputy Commissioner, Chatra whereby and where under rejected the claim for appointment on the post of Anganbari Sevika as well as acceptance of joining as a Anganbari Sevika under Ahirpurwa center in Chatra district.
(II) For direction upon the respondents to appoint the petitioner on the post of Anganbari Sevika at Ahirpurwa Centre under Pratappur block in Chatra district as per Aam Sabha as well as provisional Selection letter, which was issued by the C.D.P.O, Pratappur, Chatra.
(III) For commanding upon the respondents concerned to immediately issue the appointment letter of Anganbari Sevika to the petitioner forthwith since the petitioner has already been qualified for the post of Anganbari Sevika in the meeting of the Aam Sahba and accordingly her provisional Selection letter has been issued.
(IV) For any other appropriate relief or reliefs to which the petitioner is found to be entitled in the facts and circumstances of the present case."
2. Learned counsel for the petitioner draws attention of this Court towards Clause 7(ka) of the Resolution dated 02.06.2006 and submits that in the case of this petitioner there was no application on behalf of reserved quota category and that was the reason she was appointed on the post of Sewika in that particular village and a provisional appointment letter has been issued. He submits that the respondent no.4 who issued the termination letter has not considered Clause 7(ka) of Resolution dated 02.06.2006 wherein a liberty was given to the State officials to appoint any person if there is no application from that group of caste who is in majority in that village. As such, respondent-Deputy Commissioner may be directed to re-visit with the order in the light of Clause 7 (ka) of the Resolution dated 02.06.2006.
3 A counter affidavit has been filed on behalf of the respondents supporting the impugned order of termination. Learned counsel for the respondents submits that in the same Resolution at Clause 7(cha) it has been clearly stated that only those candidates can be appointed as Sewika who belongs to the caste having majority in that village.
4. Having regard to the aforesaid submission, the instant writ application is hereby disposed of by granting liberty to the petitioner to approach the respondent no.4 who shall look into the matter and after verification of record as to whether there was any candidate from the caste having majority in that village or not and what would be the effect of Clause 7(ka) of the Resolution dated 02.06.2006, pass an appropriate order. Learned counsel for the petitioner shall file a detailed representation before the respondent no.4 and the moment respondent no.4 receives the same, he shall look into the matter and pass an appropriate order with regard to the prayer made in this writ application.
It goes without saying that while revisiting with the impugned order he shall not be prejudiced by this Court order. The entire exercise shall be completed within a period of 12 weeks from the date of receipt of the representation.
5. The instant writ application stands disposed of.
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