Jharkhand High Court
Neelam Yadav Alias Neelam Devi vs Social Welfare Women And Child ... on 8 May, 2015
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (S) No. 1958 of 2015
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Neelam Yadav @ Neelam Devi --- --- ---- Petitioner
Versus
1. The State of Jharkhand through Principal Secretary,
Social Welfare, Women and Child Development Department,
Government of Jharkhand
2. Deputy Commissioner, Ramgarh
3. Deputy Development Commissioner, Ramgarh
4. District Social Welfare Officer, Ramgarh
5. District Programme Officer, Ramgarh
6. Child Development Programme Office, Mandu, Ramgarh --- Respondents
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CORAM: The Hon'ble Mr. Justice Aparesh Kumar Singh
For the Petitioner: Mr. Rohit Roy, Advocate
For the Respondent-State: Mr. Rahul Kamlesh, JC to SC-II
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02/ 08.05.2015Heard counsel for the parties.
2. Petitioner is said to have been appointed as Aanganbari Sevika for Pochara Centre in the district of Ramgarh on the recommendation of Aam Sabha by appointment letter dated 04.09.2004. However, according to the petitioner, though she has been discharging her duties sincerely, but suddenly on the basis of show- cause dated 10.03.2015 (Annexure-3) based upon certain inspection carried out on 09.03.2015, the Child Development Project Officer, Mandu, Ramgarh has issued the order of termination contained in letter no. 128 dated 27.03.2015 on the basis of the letter of the District Social Welfare Officer, Ramgarh vide his memo no. 218 dated 25.03.2015. Petitioner submits that the order impugned is without jurisdiction as it has been issued upon the directions of the Deputy Development Commissioner, Ramgarh and is in teeth of the judgment rendered by this Court in the case of Smt. Tara Devi Vs. State of Jharkhand reported in 2013 (3) JLJR
497. Petitioner has also preferred an appeal on 27.04.2015 before the Deputy Commissioner, Ramgarh, but no decision has been taken in respect of that and in the meantime, by notice dated 13.04.2015 bearing letter no. 157 issued by the office of Child Development Project Officer, Mandu, Ramgarh, fresh selection exercise for the post of Aanganbari Sevika for the said centre along with the other centre is scheduled to be held on 15.05.2015. Therefore, the petitioner had to 2. approach this Court.
3. Learned counsel for the respondents submits that the writ petition has been filed yesterday and no instructions have yet been received. He also submits that since there is a provision of appeal under the relevant circular issued by the Social Welfare, Women and Child Development Department, Government of Jharkhand and the petitioner has preferred an appeal before the Deputy Commissioner, Ramgarh, petitioner should be relegated to pursue the remedy of appeal before the Appellate Authority before entertaining the writ petition, at this stage.
4. Having considered the rival submissions of the parties and in the aforesaid state of facts, it appears that immediately after preferring an appeal before the Deputy Commissioner, Ramgarh, petitioner has approached this Court in the present writ application apprehending that the post of Aanganbari Sevika for the said centre, might be filled up in the meantime. In such circumstances, since the petitioner has already pursued remedy of appeal, this Court is not inclined to entertain the instant writ petition. However, the Deputy Commissioner, Ramgarh (Respondent No. 2) shall consider the petitioner's appeal and take a decision thereupon within a period of two weeks from today. Petitioner will have the liberty to produce any judgment upon which she seeks to rely before the Deputy Commissioner, Ramgarh by 13.05.2015, where-after such a decision be taken on the petitioner's appeal, if not already taken. If the petitioner's appeal is still pending before the Deputy Commissioner, Ramgarh, process of fresh selection of Aanganbari Sevika for Pochara Centre by Aam Sabha be deferred for suitable time till such a decision is taken, as aforesaid, by the Deputy Commissioner, Ramgarh.
Needless to say, the Appellate Authority would also communicate the decision to the petitioner and depending upon such decision if the petitioner fails in her appeal, it would be open to the respondents to conduct a fresh selection process for appointment of Aanganbari Sevika for the said centre thereafter. 3.
However, it is made clear that any observation made hereinabove, would not be treated as any comment upon the merits of the case of the petitioner.
The writ petition stands disposed of.
(Aparesh Kumar Singh, J) Ranjeet/