Ladli Khatoon vs The State of Jharkhand & Ors

This Letters Patent Appeal has been preferred by the writ petitioner/appellant against the judgment and order dated 03.05.2017 passed by the

learned Single Judge in W.P.(S) No. 2112 of 2012.

Heard the counsel for the appellant and perused the records.

After hearing the counsel for the appellant this court finds no substance in this letters patent appeal in view of following facts and reasons.

a. The writ petitioner in the writ petition had challenged the order as contained in Letter no. 447 dated 24.12.2011 issued by the

District Social Welfare Officer, Latehar (Respondent no. 4 ) whereby the selection of the petitioner/appellant as Angan Bari Sevika

vide letter dated 17.11.2011 was not approved on the ground that writ petitioner/appellant is not a permanent resident of Futahrwa

Tola under Pokhari Kala Panchyat P.S Barwadih District Latehar , Jharkhand rather she is a resident of Lali Mati (Bakhori Dera).

b. The said letter no. 447 dated 24.12.2011 was issued on account of violation of clause 7(c ) of circular letter no. 585 dated

2.6.2006 issued by the State of Jharkhand which has been annexed as Annexure-D to the counter affidavit filed in the writ record

which provides that the Aangan Bari Sevika should be the permanent resident of the village for which such appointment is made and

in case for appointment of aangan bari sevika for tola the person should be the permanent resident of the concerned tola and should

be from amongst the beneficiaries.

c. The said clause 7(c ) of circular letter no 585 dated 2.6.2006 issued by the State of Jharkhand reads as under ""VERNACULAR

MATTER OMITTED

d. From the writ records it is an admitted fact that the writ petitioner/appellant is not a permanent resident of Futahrwa Tola and

admittedly, the writ-petitioner/appellant was an aspirant for appointment on the post of Anganbari Sevika for Futahrwa Tola.

e. The Learned single Judge has dismissed the writ petition on the admitted fact that the writ petitioner is not a permanent resident of

Futahrwa Tola and that the writ petitioner on the basis of the writ records cannot claim that she belongs to majority community.

f. The learned Single Judge has held that admittedly the petitioner is not a resident of Futahrwa Tola and the certificate of permanent

residency produced by the petitioner-appellant reflects that she is a resident of P.O.Saraidih, P.S.- Barwadih, Pokhari Kala.

g. The learned Single Judge has rightly appreciated the facts and the case and has held that the petitioner cannot claim appointment on

the post of Anganbari Seviak for Futahrwa Tola.

Considering the facts and circumstances of this case and after going through the entire records of the writ court, this Court is of the considered

view that the writ petition has been rightly dismissed by the learned Single Judge.

In view of the aforesaid facts and reasons, there is no substance in this letters patent appeal. We see no reasons to take any other view what is

taken by the learned single Judge in W.P.(S) No. 2112 of 2012 in order dated 03.05.2017.

Hence, there is no substance in this letters patent appeal and the same is hereby dismissed.