Smt. Savitri Singh v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 2401 of 2016 Smt. Savitri Singh D/o Puran Singh, Aged About 26 Years Working On The Post Of Anganbadi Worker R/o Village Ghatgaon, Post Aara, Tahsil Rajpur, District Balrampur, (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Women And Child Development Department, Mantralaya, Mahanadi Bhawan, Capital Complex, Naya Raipur, Post Office Rakhi, District Raipur, (Chhattisgarh)

2. Collector, Balrampur, District Balrampur Ramanujganj, (Chhattisgarh)

3. Chief Executive Officer, Janpad Panchayat Rajpur, District Balrampur Ramanujganj, (Chhattisgarh)

4. Project Officer, Unified Chil Development Project Rajpur, District Balrampur Ramanujganj, (Chhattisgarh) ---- Respondents Ms. Neha Verma, Advocate for the petitioner/s. Mr. R.K. Gupta, Dy. A.G. for the State.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 28/06/2016 Heard.

1.

Challenge is made to an order of termination passed on 28.05.2016 on the ground that before removal of the petitioner, proper opportunity of hearing and charge-sheet was not issued and on the ground of long absence, services have been terminated. 2.

Appointment as 'Anganwadi worker' is an honorarium engagement and is not a permanent service. Clause 13.5 of circular of administrative instructions issued by the Government on 02.04.2008 states that if an 'Anganwadi worker' has remained absent for more than

one month, services may be terminated. Therefore, in view of the above considerations, I am not inclined to exercise my discretion to entertain this petition without insisting on exhaustion of alternative remedy of appeal as provided under clause 11 of circular dated 02.04.2008 before the competent authority.

3.

The petition is, therefore, dismissed with liberty to file appeal. Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha