Gauhati High Court
Page No. 1/3 vs The State Of Assam And 5 Ors on 10 January, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/3
GAHC010004062025
2025:GAU-AS:443
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/138/2025
AFIA KHATUN
W/O ASAB UDDIN, VILL- BARCHARARPAR (PUBAGOOL), P.O.-DUHALIA,
P.S.-PATHARKANDI, DIST- SRIBHUMI, ASSAM, PIN-788724
VERSUS
THE STATE OF ASSAM AND 5 ORS
TO BE REPRESENTED BY THE PRINCIPAL SECRETARY TO THE
GOVERNMENT OF ASSAM, SOCIAL WELFARE DEPARTMENT, JANATA
BHAWAN, 1ST FLOOR, D BLOCK, DISPUR, GUWAHATI-781006
2:THE DIRECTOR
SOCIAL WELFARE DEPARTMENT
ASSAM
UZANBAZAR
GUWAHATI-781001
3:THE DISTRICT COMMISSIONER
SRIBHUMI
P.O.-SRIBHUMI
DIST- SRIBHUMI
ASSAM
PIN-788710
4:THE ADDITIONAL DISTRICT COMMISSIONER -CUM- DISTRICT SOCIAL
WELFARE OFFICER
SRIBHUMI
P.O. AND DIST- SRIBHUMI
ASSAM
PIN-788710
5:THE CHILD DEVELOPMENT PROJECT OFFICER
PATHARKANDI ICDS PROJECT
P.O.-PATHARKANDI
DIST- SRIBHUMI
Page No. 2/3
ASSAM
PIN-788724
6:THE SUPERVISOR
PATHARKANDI ICDS PROJECT
P.O.-PATHARKANDI
DIST- SRIBHUMI
ASSAM
PIN-78872
Advocate for the Petitioner : MR. A R TALUKDAR,
Advocate for the Respondent : GA, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
ORDER
Date : 10.01.2025
Heard Mr. A.R. Talukdar, learned counsel for the petitioner and Ms. A. Talukdar, learned
Junior Government Advocate, Assam for all the respondents.
2. It is the case of the petitioner that the petitioner was appointed as a Anganwadi
Worker at 50 no. Tillagram Anganwadi Centre under Duhalia-Faridkuna Gaon Panchayat under
Patharkandi IDCS Project on 12.10.1997. After about 25 years of her service, the petitioner
was terminated from service by an Order dated 19.07.2022. Aggrieved by the termination,
the petitioner had instituted a title suit, Title Suit no. 201/2022. The petitioner has stated that
after conclusion of the proceedings including the arguments, the title suit is at the stage of
delivery of the Judgment, as on date. When the Judgment is awaited, an advertisement has
been issued on 14.11.2024 by the respondent no. 5 inviting applications for offering
engagement as Anganwadi Workers and Anganwadi Helpers in a number of Anganwadi
Centres including engagement of Anganwadi Worker at 50 no. Tillagram Anganwadi Centre.
3. Mr. Talukdar, learned counsel for the petitioner has submitted that if any engagement
of an Anganwadi Centre at 50 no. Tillagram Anganwadi Centre is made subsequent to the
Advertisement dated 14.11.2024 and the Judgment in Title Suit no. 201/2022 is delivered in
favour of the petitioner, the possibility of an anomalous situation can be ruled out. He has,
thus, submitted that the petitioner has already preferred a representation before the
respondent no. 5 highlighting the aforesaid facts. Therefore, the respondent no. 5 shall have
to consider the said Representation dated 18.11.2024 from such standpoint.
4. Ms. Talukdar, learned Junior Government Advocate, Assam appearing for the State
respondents including the respondent no. 5, has submitted that if the petitioner has already
submitted a Representation on 18.11.2024, then this writ petition can be disposed of at this
stage with a direction to the respondent authorities, more particularly, the respondent no. 5
to take the said representation on board and to dispose of the same by a speaking order
upon due consideration, within a stipulated time. Ms. Talukdar has submitted that a period of
2 [two] weeks would be sufficient for the respondent no. 5 to consider and dispose of the
said representation.
5. In view of the broad consensus arrived at the Bar in the afore-stated manner, this
Court is of the view that without going into the rival contentions, this writ petition can be
disposed of with a direction to the respondent authorities, more particularly, the respondent
no. 5 to take the representation, stated to have been submitted by the petitioner before him
on 18.11.2024, on board and to dispose of the same, upon due consideration, by passing a
speaking order. It is observed that the petitioner shall submit a copy of the instant writ
petition along with annexures at the office of the respondent no. 5 within a period of 7
[seven] days from today and the respondent no. 5 upon such receipt, shall consider and
dispose of the said representation by a speaking order within a period of 2 [two] weeks from
the date of such receipt. The copy of the Order to be passed shall also be communicated to
the petitioner forthwith thereafter.
6. This Order disposes of the writ petition. No cost.
JUDGE
Comparing Assistant
