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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
VIJAY KUMAR SHUKLA, JAI KUMAR PILLAI
Madhu, W/o. Kanaihyalal Udiya – Appellant
Versus
State Of Madhya Pradesh – Respondent
ORDER :
Vijay Kumar Shukla, J.
1. The present appeal is filed under Section 2 of MP Uchha Nyayalaya Khandnyayapeeth Ko Appeal Adhiniyam, 2005 being aggrieved by the order dated 20.11.2023 passed by learned Single Judge in WP No.7048/2011 and also the order dated 06.12.2023 passed in the review petition no.1309/2023.
2. The appellant was not a party to the original writ petition, which was filed by the respondent no.6/Shanaz Bano, which has been allowed by the learned Single Judge. Against the said order, the appellant, who was not a party to the writ petition, filed the review petition, which has been dismissed by order dated 06.12.2023. Being aggrieved by the aforesaid orders, the present intra-court appeal has been filed.
3. The appellant was appointed on the post of Anganwadi Karyakarta for ward no.5 Garoth District Mandsaur in the year 1966. Thereafter, she was appointed on the post of Anganwadi Worker in the year 2016 for ward no.5 Garoth District, Mandsaur. The appellant was appointed by order dated 19.12.2016. In the appointment order, it was mentioned that the appointment of the petitioner shall be subject to final outcome of the writ petition no.5045/2010.
4. The said petition
The court ruled that the appointment of an Anganwadi Worker must adhere to government guidelines, and challenges to such appointments require timely action and proper standing.
The court upheld the termination of an Anganwadi Worker based on valid grounds, emphasizing the importance of adherence to government guidelines and the unsuitability of disputed facts for writ juris....
The court established that adherence to principles of natural justice, including notice and opportunity for hearing, is essential in administrative actions affecting public service positions.
Eligibility criteria for government positions must be met, and discrepancies in application and residency status can result in the cancellation of appointments.
Judicial orders obtained through suppression of material facts or misrepresentation are invalid; the affected party may seek recall of such orders if their rights have been compromised.
Point of Law : Anganwadi worker - Appellate Authority has not referred to even a single document or material that would even prima facie suggest that the petitioner was not residing in Mukdam Mohalla....
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