Gujarat High Court
Nandaben Punjabhai Maliwad vs District Development Officer on 27 March, 2025
Author: Vaibhavi D. Nanavati
Bench: Vaibhavi D. Nanavati
NEUTRAL CITATION
C/SCA/2003/2011 ORDER DATED: 27/03/2025
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 2003 of 2011
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NANDABEN PUNJABHAI MALIWAD
Versus
DISTRICT DEVELOPMENT OFFICER & ORS.
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Appearance:
NANAVATY ADVOCATES(1373) for the Petitioner(s) No. 1
MR MANOJ S JOSHI(2961) for the Respondent(s) No. 5
MR UM SHASTRI(830) for the Respondent(s) No. 1,3,4
RULE SERVED for the Respondent(s) No. 2,3,4,5
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CORAM:HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 27/03/2025
ORAL ORDER
1. Heard Mr. Nilay Thaker, the learned advocate appearing for Nanavati Advocates, the learned advocate appearing for the petitioner, Mr. U. M. Shastri, the learned advocate appearing for the respondents No.1, 3 and 4 and Ms. Meena Panchal, the learned advocate appearing for Mr. Manoj S. Joshi, the learned advocate appearing for the respondent No.5.
2. The petitioner herein is aggrieved by the impugned action on part of the respondents No.1 to 4 whereby the petitioner herein is removed from the post of Aanganwadi Worker for Page 1 of 18 Uploaded by K.K. SAIYED(HC00169) on Fri Apr 25 2025 Downloaded on : Fri Apr 25 22:27:40 IST 2025 NEUTRAL CITATION C/SCA/2003/2011 ORDER DATED: 27/03/2025 undefined Jeswa Faliya. The respondent No.5 is appointed upon removal of the petitioner herein for the post of Aanganwadi Worker for Jeswa Faliya without issuance of any order.
3. The aforesaid has given rise to filing of the present petition invoking Article 226 of the Constitution of India.
4. The petitioner herein applied for the post of Aanganwadi Worker for Jeswa Faliya. The petitioner was found to be eligible for the said post and was called for interview on 4.12.2010 at 10:30 hours in the office of ICDS [Integrated Child Development Scheme].
5. Upon clearing the interview, the petitioner was appointed as Aanganwadi Worker for Jeswa Faliya vide appointment letter dated 08.12.2010 issued by the Respondent No.3 herein which is duly produced at Annexure-H.
6. The petitioner joined the service from dated 13.12.2010 Page 2 of 18 Uploaded by K.K. SAIYED(HC00169) on Fri Apr 25 2025 Downloaded on : Fri Apr 25 22:27:40 IST 2025 NEUTRAL CITATION C/SCA/2003/2011 ORDER DATED: 27/03/2025 undefined and assumed the charge of the Aanganwadi at Jeswa Faliya from her predecessor Smt. Rajiben Fulabhai Damor w.e.f. 17.12.2010. The aforesaid is also acknowledged in writing which is duly produced at Annexure-I.
7. It is the case of the petitioner that on 01.01.2011, the Respondent No.5 herein came from the blues to the Aanganwadi Centre of the petitioner and asked her to leave the office, for the reason that the petitioner was allegedly removed from there. The petitioner herein tried to gather the information from the Respondents Nos.1 to 4, but did not receive any satisfactory reply. The petitioner thereupon filed a Regular Civil Suit No.6 of 2011 in the Court of the learned Principal Senior Civil Judge, Panchmahals at Godhara seeking permanent protection of her post of Aanganwadi Worker in Jeswa Faliya. The copies of the Plaint, Application-Ex.5 and Written Statement of the respondents No.1 to 4 are duly produced on record at Annexure-K, L and M respectively. The said suit was withdrawn by the petitioner having come to the Page 3 of 18 Uploaded by K.K. SAIYED(HC00169) on Fri Apr 25 2025 Downloaded on : Fri Apr 25 22:27:40 IST 2025 NEUTRAL CITATION C/SCA/2003/2011 ORDER DATED: 27/03/2025 undefined knowledge of the fact that the respondents No.1 to 4 had passed the order of termination way back on 29.12.2010 and appointed the respondent No.5 in place of the petitioner due to which present petition is filed praying for the following reliefs :-
"(A) Your Lordships may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other appropriate writ, order or directions, quashing and setting aside the order removing the petitioner, as well as the order appointing the Respondent No.5 as being arbitrary, bad, illegal and violative of principles of natural justice, and further be pleased to command the Respondent No.1 to 4 to reinstate the petitioner as Aanganwadi Worker at Jeswa Faliya, and thereby permanently restrain the Respondent No.5 from working as an Aanganwadi Worker for Jeswa Faliya;
(B) Pending admission, hearing and final disposal of this petitioner, Your Lordships may be pleased to stay the implementation, execution and operation of the impugned orders terminating the petitioner and appointing the Respondent No.5, and further be pleased to restrain the Respondents from interfering with the day to day work of the petitioner as an Aanganwadi Worker at Jeswa Faliya;Page 4 of 18 Uploaded by K.K. SAIYED(HC00169) on Fri Apr 25 2025 Downloaded on : Fri Apr 25 22:27:40 IST 2025
NEUTRAL CITATION C/SCA/2003/2011 ORDER DATED: 27/03/2025 undefined [C] Pending admission, hearing and final disposal of this petition, Your Lordships may be pleased to command the Respondent Nos. 1 to 4 to produce the order of termination of the petitioner, as well as the order of appointment of the Respondent No.5;
[C] Your Lordships may be pleased to pass such other and further orders as may be necessary in the interest of justice."
8. Mr. Nilay Thaker, the learned advocate appearing for the petitioner submits that the petitioner herein is appointed by regular process on the post of Aanganwadi Worker at Jeswa Faliya. It is submitted that the petitioner is not served with the impugned order of termination dated 29.12.2010 (page-6).
8.1 It is submitted that the aforesaid is in violation of principles of natural justice. It is submitted that the petitioner herein is resident of Jeswa Faliya. It is submitted that the petitioner being a married woman is discharging her social and and family obligations at two places. It is submitted that at Page 5 of 18 Uploaded by K.K. SAIYED(HC00169) on Fri Apr 25 2025 Downloaded on : Fri Apr 25 22:27:40 IST 2025 NEUTRAL CITATION C/SCA/2003/2011 ORDER DATED: 27/03/2025 undefined Nishal Faliya, the father-in-law and mother-in-law of the petitioner are residing, whereas, the petitioner is residing at Jeswa Faliya with her husband - Dhirabhai and two minor children since long.
8.2 Reliance is placed on the report duly placed on record at Annexure-N at page-61 dated 11.1.2011 and it is submitted that the aforesaid documents provide that the petitioner is residing at Jeswa Faliya. It is submitted that the petitioner is more educated then the respondent No.5 and in view thereof the petitioner is rightly appointed to the post of Aanganwadi Worker at Jeswa Faliya.
8.3 It is submitted that sole emphasis is on the variance of the residential address compared to the election card. To substantiate the aforesaid, it is submitted that in the voters' list the name of the petitioner figures at Jeswa Faliya and the same disputes the voters' list produced on record. Placing reliance on the aforesaid contentions, it is submitted that the Page 6 of 18 Uploaded by K.K. SAIYED(HC00169) on Fri Apr 25 2025 Downloaded on : Fri Apr 25 22:27:40 IST 2025 NEUTRAL CITATION C/SCA/2003/2011 ORDER DATED: 27/03/2025 undefined prayers as prayed for be allowed.
9. Mr. U. M. Shastri, the learned advocate appearing for the respondents No.1, 3 and 4 placed reliance on the affidavit- in-reply duly produced at page-93. It is submitted that the advertisement for the post of Aanganwadi Worker helper at Talawada (Jeswa Faliya) was published on 16.9.2010. Pursuant to the said advertisement the candidate applied for the said post. Upon verification of documents the candidates were called for personal interview on 4.12.2010. The petitioner herein was selected and name of the respondent No.5 appeared at Sr. No.2 (page-94) in the selection list. 9.1 It is submitted that after appointment of the petitioner the village people raised objections before the competent authority to the effect that the petitioner is not a resident of Jeswa Faliya, but is residing at Nishal Faliya. The documents produced by the petitioner are forged, reliance is placed on the objections raised by the villagers at page-97 duly produced Page 7 of 18 Uploaded by K.K. SAIYED(HC00169) on Fri Apr 25 2025 Downloaded on : Fri Apr 25 22:27:40 IST 2025 NEUTRAL CITATION C/SCA/2003/2011 ORDER DATED: 27/03/2025 undefined at Annexure-A. Upon receiving such objections, the respondent No.3 personally verified the election list wherein the name of the petitioner is shown at No.77 at Nishal Faliya, Talavda Division-1. That the said objections against the petitioner were proved and the authority on 29.12.2010 cancelled the appointment of the petitioner and the order was served to the petitioner which is duly produced at Annexure-A-2 page-101. 9.2 It is submitted that the respondent No.5 is residing in the same Faliya where her name is shown at Sr. No.2 (page-
94) in the select list wherein she is working in the said Aanganwadi since 31.12.2010 (page-94). That the Talati-cum- Mantri with whose help such forged documents were supplied and the petitioner secured appointment is suspended after inquiry in light of the fact that he has tried to manipulate the government record.
9.3 It is submitted that from the appointment order of the petitioner at page-25 Condition No.3 it is very clear that the Page 8 of 18 Uploaded by K.K. SAIYED(HC00169) on Fri Apr 25 2025 Downloaded on : Fri Apr 25 22:27:40 IST 2025 NEUTRAL CITATION C/SCA/2003/2011 ORDER DATED: 27/03/2025 undefined petitioner's appointment can be terminated without prior notice. The aforesaid condition is accepted by the petitioner herein and it is now not open for her to challenge her removal or termination after the order passed by the authority. 9.4 It is submitted that the appointment of the respondent No.5 is made (page-95) by the respondent authority in accordance with the government rules and after considering documents produced by the candidate and considering the educational qualification of the respondent No.5. It is submitted that the authority cancelled the appointment order of the petitioner as the petitioner had produced forged documents and appointed the respondent No.5 as per the rules. 9.5 It is submitted that the authority has in no way violated any rule framed for selection of Aanganwadi Worker and helper by the Government of Gujarat. It is submitted that the order passed by the authority removing the petitioner from service of Aanganwadi Worker as she produced forged Page 9 of 18 Uploaded by K.K. SAIYED(HC00169) on Fri Apr 25 2025 Downloaded on : Fri Apr 25 22:27:40 IST 2025 NEUTRAL CITATION C/SCA/2003/2011 ORDER DATED: 27/03/2025 undefined documents and secured appointment and in place appointed respondent No.5 as Aanganwadi Worker is just and proper and that the petition be dismissed.
10. Ms. Meeta Panchal, the learned advocate submits that pursuant to the advertisement issued for the recruitment of Aanganwadi Worker at Jeswa Faliya, Talavada, the respondent No.5 also applied for the said post. The respondent No.5 is fulfilling the requisite criteria that is she is residing at Jeswa Faliya, Talavada, possessing the requisite qualifications that is Standard 12th which she passed in March, 1999. 10.1 It is submitted that the respondent No.5 belongs to SEBC Community and is physically handicapped. Though the aforesaid is not the required criteria as per the advertisement but the respondent No.5 is having the certificate issued by the competent authority and the same was attached alongwith her application to the post of Aanganwadi Worker. Page 10 of 18 Uploaded by K.K. SAIYED(HC00169) on Fri Apr 25 2025 Downloaded on : Fri Apr 25 22:27:40 IST 2025
NEUTRAL CITATION C/SCA/2003/2011 ORDER DATED: 27/03/2025 undefined 10.2 It is submitted that the respondent No.5 is satisfying the criteria of married woman, residing in the same area i.e. Jeswa Faliya to show that she is residing in the same area. She has produced all the required documents/evidence such as election card, ration card, certificate of marriage registration. It is submitted that relevant documents including the certificate showing that the respondent No.5 belongs to SEBC community dated 21.1.2010 issued by the Talati-cum-Mantri was also produced to show that she is permanently residing at Jeswa Faliya, Talavada.
10.3 It is submitted that having fulfilled all the requisite criteria the respondent No.5 was also called for oral interview on 4.12.2010. The respondent No.5 came to be appointed on 29.12.2010, reliance is placed on page-91 Annexure-R3. By placing reliance on page-92 it is submitted that the respondent No.5 having accepted the same by communication dated 31.12.2010, resumed her duty.
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NEUTRAL CITATION C/SCA/2003/2011 ORDER DATED: 27/03/2025 undefined 10.4 Placing reliance on the aforesaid, it is submitted that the respondent No.5 herein is appointed on the aforesaid post having complied with all the conditions for the appointment as an Aanganwadi Worker. The respondent No.5 is working on the said post since 31.12.2010. It is submitted that the aforesaid appointment is in accordance with the rules and regulation and the appointment of the respondent No.5 herein not be disturbed and that the petition be dismissed in limine, as the same having been filed by providing documents which can be said to be forged and obtained by fraud. 10.5 To substantiate her submissions Ms. Panchal, the learned advocate relied on the decision in the case of Avtar Singh vs. Union of India and Ors., reported in (2016) 8 SCC 471.
11. Mr. Thaker, the learned advocate appearing for the petitioner in rejoinder reiterated the contentions raised earlier and submitted that the impugned order dated 29.12.2010 is passed placing reliance on the panchnama, the same is also Page 12 of 18 Uploaded by K.K. SAIYED(HC00169) on Fri Apr 25 2025 Downloaded on : Fri Apr 25 22:27:40 IST 2025 NEUTRAL CITATION C/SCA/2003/2011 ORDER DATED: 27/03/2025 undefined subsequent to the order passed on 29.12.2010 wherein the said report is dated 11.1.2011 page-61. It is submitted that the impugned order is violative of cardinal principles of natural justice.
11.1 To substantiate the aforesaid contentions, reliance is placed on the decision in the case of Nisha Devi vs. State of Himachal Pradesh, reported in (2014) 16 SCC 392, and in the case of Sunitaben Mafatlal Vaghela vs. State of Gujarat, reported in 2019 (4) GLR 2810.
12. Having heard the learned advocates appearing for the respective parties the following emerge :-
12.1 The petitioner herein applied for the post of Aanganwadi Worker at Jeswa Faliya pursuant to the advertisement issued by respondents No.1 to 4. The petitioner and the respondent No.5 had undergone the regular selection process wherein the petitioner herein was appointed on the post of Aanganwadi Page 13 of 18 Uploaded by K.K. SAIYED(HC00169) on Fri Apr 25 2025 Downloaded on : Fri Apr 25 22:27:40 IST 2025 NEUTRAL CITATION C/SCA/2003/2011 ORDER DATED: 27/03/2025 undefined Worker by order dated 8.12.2010 duly produced at Annexure-
H. The petitioner accepted the same and resumed the duty on 12.12.2010. The charge was given to the petitioner by one Damor Rajiben Fulabhai. The petitioner herein has placed on record the following documents :-
(1) Annexure-B - documents that were attached with the application as stated in para-3.2 in the petition, Panchayat Account Sample (Panchayat Hisab Namuno) page-18 dated 30.11.2006 in the name of the petitioner, however the same is for the year 2009-2010 ?
(2) Annexure-C page-19 Assessment Sheet dated 19.1.2011 issued by the Talati-cum-Mantri ?
(3) The Certificate issued by the Talati-cum-Mantri dated 1.1.2011 Annexure-D page-20 Jeswa Faliya. (4) The Certificate issued by the Principal of the Primary School, Kadana dated 22.9.2010 Annexure-E page-21. (5) The Certificate dated 16.1.2010 Annexure-F page-22 issued by the Talati-cum-Mantri, Kadana that the petitioner is Page 14 of 18 Uploaded by K.K. SAIYED(HC00169) on Fri Apr 25 2025 Downloaded on : Fri Apr 25 22:27:40 IST 2025 NEUTRAL CITATION C/SCA/2003/2011 ORDER DATED: 27/03/2025 undefined resident of Jeswa Faliya.
On perusal of the aforesaid documents it emerges that some of the documents such as Panchayat Account Sample (Panchayat Hisab Namuno) and the documents issued by the Talati-cum-Mantri at Annexure-C page-19 Assessment Sheet dated 19.1.2011 are such that the same are produced on record after the petitioner was appointed to the post of Aanganwadi Worker.
12.2 Upon bare perusal of the documents that are produced on record, the same does not inspire any confidence of the Court to exercise extraordinary jurisdiction under Article 226 of the Constitution of India.
12.3 It is also not in dispute that the petitioner is aware of the order passed by the competent authority dated 29.12.2010 in light of the fact that the petitioner in para-4 of the petition has submitted that the order of termination having been passed Page 15 of 18 Uploaded by K.K. SAIYED(HC00169) on Fri Apr 25 2025 Downloaded on : Fri Apr 25 22:27:40 IST 2025 NEUTRAL CITATION C/SCA/2003/2011 ORDER DATED: 27/03/2025 undefined by the respondent authority as back as on 29.12.2010, the civil suit which was filed for the appointment as an Aanganwadi Worker was withdrawn. Upon such averments made in the petition itself it is not open for the petitioner to submit that the petitioner is not aware of the order passed by the competent authority.
12.4 Mr. Shastri, the learned advocate has placed on record the order dated 29.12.2010 (Annexure A-1 page-97) which reads thus :-
"Dt. 21/12/2010 To, The Integrated Chief Development Scheme Officer, Taluka Panchayat Office, Kadana, Subject:- Inquiry regarding objection application.
With regard to the above mentioned subject, it is the humble request of the villagers included in the Survey of Jeswa Faliya, Talwada as under, New mini Anganwadi has been started in Jeswa Faliya, Talwada and Maliwad Nandaben Punjabhai has received Page 16 of 18 Uploaded by K.K. SAIYED(HC00169) on Fri Apr 25 2025 Downloaded on : Fri Apr 25 22:27:40 IST 2025 NEUTRAL CITATION C/SCA/2003/2011 ORDER DATED: 27/03/2025 undefined appointment order therein. Her name is registered at Sr. No. 77 vide DYM-2230860 and she is included in Nishal Faliya. After receiving appointment order of Anganwadi, she has come to reside in Jeswa Faliya to take benefit of Anganwadi appointment, whereas, Pagi Lilaben Ramabhai is a local candidate. She has been elected as Member of Ward No.1 - Nishal Faliya Talwada and she has submitted bogus documents to avail benefit. Pagi Lilaben Rambhai is local resident of Jeshwa Faliya. Her name is registered at Sr. No. 304 in Voter List vide DYM - 2232981 and this is her local residence."
By placing reliance on page-100 it is submitted that the petitioner is resident of Nishal Faliya wherein in the election list the name of the petitioner is shown at Sr. No.77, Nishal Faliya, Talavda, Division-I. Pursuant thereto, the order dated 29.12.2010 came to be passed on the basis of panchnama.
13. In light of the aforesaid undisputed facts, it emerges that the petitioner herein has placed on record the documents which fail to inspire confidence to exercise extraordinary jurisdiction under Article 226 of the Constitution of India, however it is also not in dispute that the petitioner was Page 17 of 18 Uploaded by K.K. SAIYED(HC00169) on Fri Apr 25 2025 Downloaded on : Fri Apr 25 22:27:40 IST 2025 NEUTRAL CITATION C/SCA/2003/2011 ORDER DATED: 27/03/2025 undefined terminated/removed from the service by order dated 29.12.2010 without having been granted the opportunity of hearing. Considering that the respondent No.5 fulfills requirements of advertisement published on 16.9.2010 wherein the respondent No.5 is resident of Jeswa Faliya, Talawada and has requisite qualification of 12 th passed in March, 1999. The respondent No.5 is in service since the year 2010 and equity is created in favour of the respondent No.5 which requires no interference, however if there is any post available in the respondent authority for which the case of the petitioner can be considered, the respondent authority may call upon the petitioner and consider the case of the petitioner in accordance with law.
14. In view of the aforesaid, the present petition stands disposed of.
(VAIBHAVI D. NANAVATI,J) K.K. SAIYED Page 18 of 18 Uploaded by K.K. SAIYED(HC00169) on Fri Apr 25 2025 Downloaded on : Fri Apr 25 22:27:40 IST 2025