Lalita Devi vs State of Jharkhand and Others

Narendra Nath Tiwari, J.—The Petitioner is permitted to make necessary correction in the cause title of the writ petition.

Though the case is listed under the heading "For Orders", it has been submitted by the parties that the pleadings are complete and the writ petition itself can be taken up and heard. This writ petition is, thus, heard on merit and is being disposed of by this order.

The grievance of the Petitioner is that the Respondent No. 5 has been illegally appointed as Sevika, though she was not selected as Sevika in the Aam Sabha held on 11th June, 2007.

It has been stated that the Respondent No. 5 has no requisite eligibility and suitability for being appointed as Sevika. The Petitioner had applied only for Sevika and she possesses all eligibility, but she has not been selected. The villagers specifically denied to have selected the Respondent No. 5 as Sevika in the meeting of the aforesaid Aam Sabha. The Petitioner also protested against the appointment of Respondent No. 5, but no order has been passed.

Learned G.P.I, appearing on behalf of the Respondents, submitted that the Respondent No. 5 was selected by the resolution of the Aam Sabha, as has been also stated in the counter affidavit filed by the Respondent Nos. 2 to 4. Aam Sabha has jurisdiction to select Sevika, according to the guideline of the Government and since the said guideline has been followed in the appointment of Respondent No. 5, there is no illegality in her appointment. Learned Counsel, however, admitted that if there is any complaint against the selection by the Aam Sabha, the Deputy Commissioner of the district is the competent authority to consider the same and pass appropriate order. It has been further admitted that no specific order has been passed by the Deputy Commissioner on the protest of the Petitioner as well as the villagers.

Considering the said submissions and the facts and circumstances of the case, this writ petition is disposed of, giving liberty to the Petitioner to file a fresh representation, along with a copy of this order, before the Deputy Commissioner, Bokaro� Respondent No. 2, mentioning the details of her grievance/claim. On receipt of the representation, the said Respondent shall consider the same and pass reasoned order within two months from the date of receipt of the representation.