Gauhati High Court
Pin- 781313 vs The State Of Assam And 4 Ors on 8 August, 2024
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GAHC010237692022
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7314/2022
SHAMSUN NAHAR
WIFE OF ATOWAR RAHMAN
VILLAGE- MAJGAON
P.O.- MAJGAON
P.S.- BARPETA
DISTRICT- BAJALI (THE THEN BARPETA)
ASSAM
PIN- 781313.
VERSUS
THE STATE OF ASSAM AND 4 ORS
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT.
OF ASSAM
SOCIAL WELFARE DEPARTMENT
DISPUR
GUWAHATI-6.
2:THE DIRECTOR OF SOCIAL WELFARE
ASSAM
UZANBAZAR
GUWAHATI-01.
3:THE PROGRAMME OFFICER
DIVISIONAL ICDS CELL
KAMRUP(M)
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BELTOLA
GUWAHATI- 28.
4:THE DISTRICT SOCIAL WELFARE OFFICER
BARPETA
PIN - 781301.
5:THE CHILD DEVELOPMENT PROJECT OFFICER
BHAWANIPUR ICDS PROJECT
HOWLY
DISTRICT- BARPETA
ASSAM. PIN- 781316.
6:SAHIDA KHATUN
W/O- MIZANUR RAHMAN
R/O OF VILLAGE MAJGAON WARD NO.4 P.O MAJGAON
PS BARPETA DISTRICT BARPETA ASSAM PIN 781313.
------------
Advocate for : MR. A R SIKDAR
Advocate for : GA
ASSAM appearing for THE STATE OF ASSAM AND 4 ORS
BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR
Judgment & Order (Oral)
Date : 08.08.2024
Heard Mr. A. R. Sikdar, learned counsel for the petitioner. Also heard Mr. D.
Nath, learned Senior Government Advocate appearing for the State respondents
and Mr. G. Baishya, learned counsel appearing for the respondent no. 6.
2. The petitioner, in the present proceedings, who is an Anganwadi Helper, has
prayed for a direction upon the respondent authorities to take the process of
recruitment as initiated vide the advertisement dated 17.11.2021, for filling up
the vacant post of Anganwadi Worker as available in No. 149 Majgaon Dakshin-5
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Anganwadi Centre, Barpeta, to its logical conclusion.
3. As projected in the writ petition, the petitioner was engaged as an
Anganwadi Helper in No. 149 Majgaon Dakshin-5 Anganwadi Centre, Barpeta,
w.e.f. 13.07.2007 and she contends to have been discharging her duties therein.
The petitioner contends that in terms of the guidelines laid down in the
communication dated 04.03.2013, she being eligible for being promoted to the
post of Anganwadi Worker, had approached the authorities, praying for
consideration of her case for such promotion. It is contention of the petitioner
that the CDPO, Bhawanipur ICDS project, Haoli, Barpeta, had issued an
advertisement dated 17.11.2021; amongst others, advertising the post of
Anganwadi Worker in the said Anganwadi Centre for being filled up from amongst
the eligible Anganwadi Helpers, working in Anganwadi Centre situated in the
same revenue village as that of the said Anganwadi Centre. The petitioner
contends that in pursuance to the advertisement, she had submitted her
application, however, the said recruitment process as initiated vide the
advertisement, not having been taken to its logical conclusion, the petitioner has
instituted the present proceeding.
4. The facts involved in the present proceeding are not in dispute. It is an
admitted position that the respondent authorities had issued an advertisement on
17.11.2021, for filling up the vacant post of Anganwadi Worker as available in the
said Anganwadi Centre and had confined such recruitment amongst the
Anganwadi Helpers working in the Anganwadi Centres situated in the same
revenue village as that of the Anganwadi Centre in question. The said process
was not taken to its logical conclusion, on account of the fact that the issue was
subjudiced before this Court, in the proceedings of WP(C)6617/2021, so
instituted by the respondent no. 6, herein.
5. This Court, today, on consideration of the grievances as raised by the
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petitioner in WP(C)/6617/2021, had dismissed the writ petition. This Court, while
dismissing the said writ petition had also noticed the fact that the respondent no.
6, herein, had earlier approached this Court by way of instituting
WP(C)/332/2020, on the same issue in pursuance to an earlier advertisement
dated 24.12.2019, wherein also the said post of Anganwadi Worker was reserved
to be filled up from amongst Anganwadi Helpers. In the said writ petition, the
petitioner, herein; had projected herself to be discharging the duties of
Anganwadi Helper in the said Anganwadi Centre. However, this Court vide order
dated 22.01.2020, proceeded to dismiss the writ petition being WP(C)/332/2020;
noticing that the respondent no. 6, herein, had not discharged the duties as an
Anganwadi Helper for a continuous period of 10(ten) years, as mandated under
the said notification dated 04.03.2013.
6. In view of the said developments as taking place in the matter and this
Court in the proceedings of WP(C)/6617/2021, having already held that the post
in question is permissible to be so filled up by way of promotion/up-gradation
from amongst Anganwadi Helper, the prayer as made by the petitioner in the
present proceeding, requires to be acceded to. Accordingly, the respondent
authorities are directed to take the recruitment process as initiated by the
advertisement dated 17.11.2021, to its logical conclusion. However, given the
contradictory claims coming record with regard to the fact of discharge of duties
against the post of Anganwadi Helper, both by the respondent no. 6, herein, as
well as the petitioner, the respondent authorities in course of conducting the
selection process so involved, shall also examine the fact as to whether the
petitioner, herein, fulfills all the requisite criterias as mandated under the
notification dated 04.03.2013, including the length of continuous service
mandated, and thereafter, proceed to consider the cases of the applicant against
the post of Anganwadi Worker as existing in No. 149 Majgaon Dakshin-5
Anganwadi Centre, Barpeta along with other applicants in the fray.
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7. With the above observations and directions, the writ petition stands
disposed of.
JUDGE
Comparing Assistant
