Smt Najma vs Dy Director Women And Child ...
2022 Latest Caselaw 2572 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Second Appeal No. 180/2014

Smt Najma Wife of Shri Samaydeen, Age about 33 years,
Resident of Village Imarti Ka Bas, Tehsil Kathumar District Alwar
(Rajasthan)
                                                                   ----Appellant
                                    Versus
1.   Dy   Director   Women         And      Child     Development      Scheme,
(I.C.D.S.), Alwar
2. Child Development Project Officer (C.D.P.O), Kathumar,
District Alwar (Rajasthan)
                                                                 ----Respondent

For Appellant(s)          :     Mr. Aatish Jain
For Respondent(s)         :



            HON'BLE MR. JUSTICE SUDESH BANSAL

                                     Order

28/03/2022

This second appeal has been filed by appellant-plaintiff

against the judgment and decree dated 13.03.2014, whereby first

appeal filed by the appellant has been dismissed by Additional

District Judge, Laxmangarh (Alwar) and decree dated 27.05.2010

passed in civil suit No.52/2009 has been upheld.

In the present second appeal, issue is in relation to illegal

termination of the plaintiff as "Anganbadi Karyakarta" in the Gram

Panchayat, Jadla, District Alwar. According to facts, the plaintiff

was appointed as "Anganbadi Karyakarta" in January, 2007 and

her services were terminated vide order dated 23.09.2009. The

order of termination was assailed by the plaintiff by way of filing

civil suit. The plaintiff asked for relief of mandatory injunction, to

(2 of 2) [CSA-180/2014]

withdraw the termination order dated 23.03.2009 as "Anganbadi

Karyakarta".

Though, the respondents-defendants did not file any written

statement and proceedings of the suit were carried ex parte,

however, the trial court did not find the pleading and evidence of

plaintiff sufficient to set aside the termination order. The plaintiff

was not a permanent employee, rather she was engaged on

contract.

In facts and circumstances of the case, the trial court

dismissed the plaintiff's suit, which has further been affirmed by

the first appellate court vide judgment and decree dated

13.03.2014. When both courts have dismissed the suit, now after

long lapse of time and looking to the nature of appointment of

plaintiff, courts below based on the evidence, this Court is not

inclined to entertain this second appeal. Otherwise also, no

substantial questions of law are involved in the present second

appeal.

Accordingly, the second appeal is hereby dismissed.

Stay application and any other pending application(s), if any,

stand(s) disposed of.

(SUDESH BANSAL),J

TN/3

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