ORDER

By the instant petition filed under Article 226 of the Constitution of India, the petitioner is claiming that the order cancelling her appointment be quashed because the reason assigned therein is not appropriate.

2. Learned senior counsel appearing for the petitioner submits that as per the decision taken by the respondents if the population of a village is 2000, one Asha Worker is appointed and for every 1000 further population, additional one Asha Worker has to be appointed. He submits that as per the reply submitted by the respondents, the total population of village is 5299 and, therefore, there must be five Asha Workers. He submits that the petitioner has been removed and her appointment has been cancelled because she was fifth one and as per the population only four Asha Workers were to be appointed. He submits that since the population is more than 5000 and it crosses the limit and therefore, entitlement to appoint fifth Asha Worker accrued and as such, the cancellation of appointment of the petitioner is not proper. He submits that there are other villages in which also appointment of Asha Workers was made considering the said aspect where limit has been crossed. He points out that the respondents have have appointed Asha Worker where as per population no Asha Worker are to be appointed but even though appointment has been made. He submits that considering the said situation, the order cancelling the appointment of the petitioner is required to be quashed.

3. Considering the submissions made by the counsel for the petitioner and perusal of record available, especially paragraph-4 of the rejoinder filed by the petitioner wherein the number of villages are shown in which despite less population, Asha Workers have been appointed, this petition is disposed of directing respondent No.5 to reconsider his decision and take note of the fact that the total population is more than 5000 and since it became 5299, therefore, fifth Asha Worker can be appointed and the petitioner's appointment can be restored.

4. The aforesaid decision be taken by the authority within a period of 30 days from the date of submitting a copy of this order taking note of paragraph- 4 of the rejoinder filed by the petitioner wherein the number of villages are shown in which despite less population, Asha Workers have been appointed.

5. With the aforesaid, the petition is disposed of. (SANJAY DWIVEDI) JUDGE ac/-