Sucharita Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No.21795 of 2022 Sucharita Bhoi ....

Petitioner Mr. S.K.Tripathy Advocate -versusState of Odisha and others ....

Opposite Parties Mr. H.K.Panigrahi, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

29.8.2022.

Order No.

01.

1. This matter is taken up through hybrid mode.

2. Heard learned counsel for the Petitioner and learned counsel appearing for the Opposite Parties.

3. The Petitioner claims to be working as a Jogan Sahayak under Bhojpur Grama Panchayat. Such engagement, according to the Petitioner, was pursuant to the resolution published by Grama Panchayat in 2019. The Petitioner claims to have continued in such post till date. It is further claimed that such engagement was never communicated to the concerned B.D.O., as a result of which by Notification dated 30th June, 2022, the Collector directed the B.D.O., Nuapada District to fill up the posts of Jogan Sahayak lying vacant in different Grama

// 2 // Panchayats including the Bhojpur Grama Panchayat under Khariar Block. According to the Petitioner, the advertisement is contrary to law since the Petitioner has been continuing in the said post since 2019, but the authorities have wrongly shown it as a vacant post.

4. On being asked, learned counsel for the Petitioner could not produce any authentic document to show that the Petitioner was validly engaged in accordance with law, rules and guidelines. Rather he has referred to the so called resolution published by the Grama Panchayat and particularly, the Sarpanch of the said Grama Panchayat to engage her after death of her husband. Obviously, this cannot be treated as a valid engagement since no public advertisement appears to have been issued at the relevant time.

5. Be that as it may, since a Notification has been issued inviting applications from the public, it is open to the Petitioner to submit her application, which shall be considered by the authority on its own merit in accordance with law.

6. With these observations, the Writ Petition is disposed of.

7. Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge

// 3 //