Prabha Devi (Divorced Wife) vs State Of U.P. And Others
2012 Latest Caselaw 2555 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 5
 

 
Case :- WRIT - A No. - 31195 of 2012
 

 
Petitioner :- Prabha Devi (Divorced Wife)
 
Respondent :- State Of U.P. And Others
 
Petitioner Counsel :- N.K. Mishra
 
Respondent Counsel :- C,S.C.
 

 
Hon'ble Manoj Misra,J.

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