Rasmibala Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 15001 OF 2022 Rasmibala Swain ..... Petitioner Mr. B. Satapathy, Advocate -versusState of Odisha & Others ............

Opposite Parties Mr. S.N. Pattnaik, AGA

CORAM:

JUSTICE V. NARASINGH

ORDER

14.07.2022 Order No.

02.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the petitioner and learned Additional Government Advocate for the State 3.

The petitioner assails the selection of Opposite Party No.4 as Anganwadi Worker in Tangi Bhansar Anganwadi Centre under Delang Block in the District of Puri.

4.

Assailing the Matriculation Certificate issued in favour of the said Opposite Party No.4 which is one of the basic qualification for the engagement of Anganwadi Worker, the petitioner had moved this Court by filing W.P.(C) No. 22010 of 2011. In the meanwhile, while the same was pending adjudication the Opposite Party No.4 has tendered resignation on 30.04.2022, copy of which is on record (Annexure-10).

Such Opposite Party No.4 whose selection was under challenged has filed a memo not to contest the matter. 5.

It is submitted by the learned counsel for the petitioner that since the post in question is vacant in view of the resignation of the Opposite Party No.4, she should be given appointment against the consequential vacancy since she was admittedly number-2 in the merit list.

6.

Taking into account the peculiar nature of the grievance of the petitioner this Court feels that the ends of justice will be sub-served, if the Sub-Collector, Puri (Opposite Party No.2) is directed to consider the representation of the petitioner stated to have been submitted on 19.05.2022 at Annexure-1. 7.

Hence, it is directed within a period of six weeks from the date of receipt/production of certified copy of this order, the Sub-Collector, Puri (Opposite Party No.2), shall consider the grievance of the petitioner and take a decision relating to her engagement as Anganwadi Worker and communicate the same to the petitioner.

8.

Accordingly, the Writ Petition stands disposed of. 9.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Balaram Judge