Learned Standing Counsel has accepted notice on behalf of respondents. He prays for and is granted four weeks' time to file counter affidavit. Two weeks thereafter shall be for the petitioner to file rejoinder affidavit.
List this case for admission on 21.8.2012.
It has been contended that the petitioner was original domicile of village Hajratpur Tehsil Auraiya. On marriage, the petitioner became domicile of Chak Amarpura, District Hamirpur where she was appointed as Anganwari Karyakatri. It is contended that on 1.10.2008 by a decree of the Court she was divorced from her husband and since 2008 the petitioner had been residing with her sister at village Mohana, District Auraiya. It is contended that from village Mohana, District Auraiya, she continued to work as Anganwari Karyakatri at Chak Amarpura till 7.7.2011, when she submitted her resignation. Thereafter, on account of her domicile at village Mohana, where she had been residing with her sister, she was selected and appointed as Anganwari Karyakatri at village Mohana.
By the order impugned, the appointment of the petitioner as Anganwari Karyakatri at village Mohana has been cancelled on the ground that she was not a domicile of village Mohana as she was working as Anganwari Karyakatri at Amarpura. The contention of the petitioner is that she had worked as Anganwari Karyakatri at Amarpura as on account of her marriage she was a resident of that village. However, consequent to her divorce, she has been residing at village Mohana, where she was appointed after her divorce from her husband. It has also been contended that the order impugned has been passed without opportunity of hearing to the petitioner.
The matter requires consideration.
Till the next date of listing, the effect and operation of the order dated 11.6.2012 passed by the S.D.M, Orai, District Jalaun, shall remain stayed.
Order Date :- 29.6.2012 G.S