SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2011 Supreme(Pat) 1692

SHIVA KIRTI SINGH, AMARESH KUMAR LAL
NEETU KUMARI – Appellant
Versus
STATE OF BIHAR – Respondent


ORDER :

Heard learned counsel for the appellant and learned counsel for the State.

2. The writ petition preferred by the appellant against her disengagement as Anganbari Sevika and against ORDER :of the Commissioner rejecting her appeal has been dismissed by the writ court after holding that ORDER :of the Commissioner is in accordance with law and was passed after giving full opportunity to the writ petitioner.

3. Learned counsel for the appellant submits that the scheme in which Anganbari Sevikas are engaged on honorarium required a different treatment with the appellant.

4. In our considered view, the post of Anganbari Sevika is not a post having security of tenure or protection under Article 311 of Constitution of India. Considering the very nature of engagement which provides for honorarium, we are of the view that in case the appellant still feels aggrieved, she may approach the Civil court for damages. There is nothing at stake in such a scheme other than honorarium. For such contractual engagements the relief of reinstatement is not appropriate and even if there is breach of the scheme or any other principle of law, the claim should ordinarily be permitted, if found good on me

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top