Gauhati High Court

Page No.# 1/23 vs Page No.# 17/23 on 18 June, 2025

Page No.# 1/23

GAHC010212362023

2025:GAU-AS:8179

THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/6077/2023

PANCHAMI RABHA DAS AND 77 ORS.
WIFE OF TARUN CHANDRA DAS,
RESIDENT OF VILLAGE- BAPU PART PART-II, POST OFFICE- AGIA,
DISTRICT- GOLAPARA, ASSAM, PIN- 783120.

2: GITANJALI DEKA
WIFE OF LATE CHAKRADHAR DEKA

RESIDENT OF VILLAGE- BEZERA
POST OFFICE- BEZERA
DISTRICT- KAMRUP
ASSAM
PIN- 781121.

3: KALPANA DAS
WIFE OF JYOTIRMOY KALITA

RESIDENT OF VILLAGE- MURARA
POST OFFICE- RANGIA
DISTRICT- KAMRUP
ASSAM
PIN- 781354.

4: FATEMA KHATUN
WIFE OF ABDUL AJIJ MIAH

RESIDENT OF VILLAGE- SUTARPARA
POST OFFICE- SUTARPARA
DISTRICT- GOALPARA
ASSAM
PIN- 783125.

5: SUMITRA SARKAR
WIFE OF HARENDRA NATH DAS
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RESIDENT OF VILLAGE- GANAKPARA
POST OFFICE- MAKRIKUCH
DISTRICT- BARPETA
ASSAM
PIN- 781305.

6: RANJITA BAISHYA
WIFE OF SHANKAR CHANDRA ROY

RESIDENT OF VILLAGE- PAKABETBARI
POST OFFICE- JARABARI
DISTRICT- BARPETA
ASSAM
PIN- 781314.

7: FAZILA AKTARA
WIFE OF KHANDAKAR AKTAR HUSSAIN

RESIDENT OF VILLAGE- GALIA
POST OFFICE- GAREMARI
DISTRICT- BARPETA
ASSAM
PIN- 781314.

8: BARNALI DAS
WIFE OF NOBIN PATHAK

RESIDENT OF VILLAGE- BAMUN BARADI
POST OFFICE- BARPETA
DISTRICT- BARPETA
ASSAM
PIN- 781301.

9: MAMTAZ BEGUM
WIFE OF TAMSER ALI

RESIDENT OF VILLAGE- BAMUNDONGRA
POST OFFICE- HABIDONGRA
DISTRICT- BARPETA
ASSAM
PIN- 781308.

10: NASIMA EASMIN
WIFE OF AYUB ALI MOLLAH

RESIDENT OF VILLAGE- KALGACHIA
POST OFFICE- KALGACHIA
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DISTRICT- BARPETA
ASSAM
PIN- 781319.

11: SANIWARA AKTER
WIFE OF ASSADULLAH GALEB

RESIDENT OF VILLAGE- SONPURA
POST OFFICE- JANIA
DISTRICT- BARPETA
ASSAM
PIN- 781314.

12: RUPANJALI CHOUDHURY
WIFE OF AJIT TALUKDAR

RESIDENT OF VILLAGE- NIZ BAHARI
POST OFFICE- NIZ BAHARI
DISTRICT- BARPETA
ASSAM
PIN- 781302.

13: RINA BORAH
WIFE OF LATE KAMESWAR BORAH

RESIDENT OF VILLAGE- RAJABARI
POST OFFICE- RAJABARI
DISTRICT- BISWANATH
ASSAM
PIN- 784172.

14: TARANI BASUMATARY
WIFE OF BIPIN GOYARI

RESIDENT OF VILLAGE- ALUPARA
POST OFFICE- ALUPARA
DISTRICT- BISWANATH
ASSAM
PIN- 784174.

15: TARULATA BHARALI
WIFE OF BONGSHI BARUAH

RESIDENT OF VILLAGE- MAJIKUCHI
POST OFFICE- MAJIKUCHI
DISTRICT- BISWANATH
ASSAM
PIN- 784172.
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16: TARAMAI BORAH
WIFE OF TOSHESWAR DUWARAH

RESIDENT OF VILLAGE- DHENUDHARO PATHER
POST OFFICE- GOHPUR
DISTRICT- BISWANATH
ASSAM
PIN- 784168.

17: KHIRA GOGOI
WIFE OF HEMKANTA BORAH

RESIDENT OF VILLAGE- NAPAMUWA
POST OFFICE- HOWAJAN
DISTRICT- BISWANATH
ASSAM
PIN- 784169.

18: KALAPNA MEDHI DOLEY
WIFE OF LAKHI PRASAD DOLEY

RESIDENT OF VILLAGE- DILAPAKHARA
POST OFFICE- KAMDEWAL
DISTRICT- BISWANATH
ASSAM
PIN- 784169.

19: RUPAJYOTI KAMAN
WIFE OF BISWASING PATIRI

RESIDENT OF VILLAGE- PAKEN
POST OFFICE- PAKEN
DISTRICT- BISWANATH
ASSAM
PIN- 784168.

20: KUSUM SAIKIA
WIFE OF DHARMESWAR BAISHYA

RESIDENT OF VILLAGE- HELEM
POST OFFICE- HELEM
DISTRICT- BISWANATH
ASSAM
PIN- 784170.

21: SHARMILA PEGU
WIFE OF SANJOY KUTUM
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RESIDENT OF VILLAGE- RANGAJAN
POST OFFICE- RANGAJAN
DISTRICT- BISWANATH
ASSAM
PIN- 784178.

22: KALPANA DAS
WIFE OF TARUN BORAH

RESIDENT OF VILLAGE- MARANABARI
POST OFFICE- DIPORAPUKHURI
DISTRICT- BISWANATH
ASSAM
PIN- 784172.

23: SOKINA KHATUN
WIFE OF MOHIRUDDIN AHMED

RESIDENT OF VILLAGE- CHOWKATOLA
POST OFFICE- GOURNAGAR
DISTRICT- GOALPARA
ASSAM
PIN- 783132.

24: GITA DAS
DAUGHTER OF ARUN CHANDRA DAS

RESIDENT OF VILLAGE- NO. 2 DOBOK
POST OFFICE- DOBOK
DISTRICT- KAMRUP
ASSAM
PIN- 781380.

25: HEMLATA DAS
WIFE OF ABANIJIT KALITA

RESIDENT OF VILLAGE- DEWDUAR
POST OFFICE- DEWDUAR
DISTRICT- KAMRUP
ASSAM
PIN- 781101.

26: PADUMI BAISHYA
WIFE OF NAGEN LAHKAR

RESIDENT OF VILLAGE- SUNDHIA
POST OFFICE- RANGIA
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DISTRICT- KAMRUP
ASSAM
PIN- 781354.

27: PRAMILA DAIMARY
DAUGHTER OF GANDHI RAM DAIMARY

RESIDENT OF VILLAGE- PHAKIR PARA
POST OFFICE- DHANUBHANGA
DISTRICT- GOALPARA
ASSAM
PIN- 783130.

28: DIPALI BORO
WIFE OF PHULESWAR BORO

RESIDENT OF VILLAGE- GONDHMAW
POST OFFICE- GONDHMAW
DISTRICT- KAMRUP
ASSAM
PIN- 781103.

29: REJIMA BEGUM
WIFE OF TAHIDUR RAHMAN

RESIDENT OF VILLAGE- DAMPUR
POST OFFICE- DAMPUR
DISTRICT- KAMRUP
ASSAM
PIN- 781102.

30: DALIMI RABHA
DAUGHTER OF LATE DEURI RAM RABHA

RESIDENT OF VILLAGE- BONGAON
POST OFFICE- BELTOLA
DISTRICT- KAMRUP (METRO)
ASSAM
PIN- 781028.

31: BIRODA BORO
WIFE OF RAKHAL SWARGIARY

RESIDENT OF VILLAGE- AHOMGAON
POST OFFICE- GARCHUK
DISTRICT- KAMRUP (METRO)
ASSAM
PIN- 781035.
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32: MAINAMOTI KAMAN
WIFE OF BROJEN PEGU

RESIDENT OF VILLAGE- NO.2 BOTAMULI
POST OFFICE- PAKEN
DISTRICT- BISWANATH
ASSAM
PIN- PIN- 784168.

33: BHANUWARA BEGUM
WIFE OF SHAHJAHAN ALI

RESIDENT OF VILLAGE- BHELLA
POST OFFICE- BHELLA
DISTRICT- BARPETA
ASSAM
PIN- 781309.

34: MAINA DEORI
WIFE OF NAREN DEORI

RESIDENT OF VILLAGE- BORDEORI RAIDONGIA
POST OFFICE- NARAYANPUR
DISTRICT- LAKHIMPUR
ASSAM
PIN- 784164.

35: RENU TAID
WIFE OF BABA DOLEY

RESIDENT OF VILLAGE- ACHCRAKATA MOHARI CHUK
POST OFFICE- ACHERAKATA BALIJAN
DISTRICT- LAKHIMPUR
ASSAM
PIN- 787052.

36: RENU DAIMARI
WIFE OF PAUL DOLEY

RESIDENT OF VILLAGE- INDURGAON
POST OFFICE- JUGISUTI
DISTRICT- LAKHIMPUR
ASSAM
PIN- 787055.

37: SABITRI PEGU
WIFE OF ANKUR DOLEY
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RESIDENT OF VILLAGE- SILAPATHAR SILABORGULI
POST OFFICE- SILAPATHAR
DISTRICT- DHEMAJI
PIN- 787059.

38: JABIN AKTARA BEGUM
WIFE OF MAINUL HAQUE

RESIDENT OF VILLAGE- BHER BHERI
POST OFFICE- DHUPAGURI
DISTRICT- NAGON
ASSAM
PIN- 782123.

39: MINOTI DEVI
WIFE OF KAMALA KANTA NATH

RESIDENT OF VILLAGE- PACHANIJAR KAMPUR
POST OFFICE- KAMPUR
DISTRICT- NAGAON
ASSAM
PIN- 782426.

40: KUWALI SAIKIA
WIFE OF KRISHNA SAIKIA

RESIDENT OF VILLAGE- BORBHAGIA
POST OFFICE- JAMUGURI
DISTRICT- SONITPUR
ASSAM
PIN- 784180.

41: CHITRA BRAHMA
WIFE OF KANTESWAR RAMCHIARY

RESIDENT OF VILLAGE- RATANPUR
POST OFFICE- DIGHELI
DISTRICT- NALBARI
ASSAM
PIN- 781371.

42: DIPALI DAS
WIFE OF ABONI DAS

RESIDENT OF VILLAGE- NAKHETI
POST OFFICE- KAMAR KUCHI
DISTRICT- NALBARI
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ASSAM
PIN- 781347.

43: MINAARA BEGUM
WIFE OF RIYAJUDDIN AHMED

RESIDENT OF NALBARI
POST OFFICE- NALBARI
DISTRICT- NALBARI
PIN- 781335.

44: SONALI SAHA
WIFE OF DEBANAND THAKUR

RESIDENT OF VILLAGE- TOKRERCHARA PART-IV
W/NO. 01
DISTRICT- DHUBRI
PIN- 783324.

45: MINA RANI RAY
WIFE OF BISWAJIT RAY

RESIDENT OF VILLAGE- KHEKSIALI
POST OFFICE-DEBOTTER HASDAHA
DISTRICT- DHUBRI
PIN- 783334.

46: ROKEYA KHATUN
WIFE OF AZIZUL ISLAM

RESIDENT OF VILLAGE- KISMAT HASDAHA PART-IV
POST OFFICE- KISMAT HASDAHA
DISTRICT- DHUBRI
ASSAM
PIN- 783334.

47: MONOWARA BEGUM
WIFE OF SOKIOT ULLAH SHEIKH

RESIDENT OF VILLAGE- DHARMASALA PART-V
POST OFFICE- DHARMASALA
DISTRICT- DHUBRI
ASSAM
PIN- 783324.

48: HALIMA KHATUN
WIFE OF MATIOR RAHMAN
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RESIDENT OF VILLAGE- DALSINGHERALGA PART-I
POST OFFICE- ASHARI KANDI
DISTRICT- DHUBRI
ASSAM
PIN- 783331.

49: SONEKA BEGUM
D/O- REAZUDDIN SORKAR

RESIDENT OF VILLAGE- BOALKAMURI PART-I
POST OFFICE- BARKANDA
DISTRICT- DHUBRI
ASSAM
PIN- 783348.

50: AYSHA KHATUN
WIFE OF PIAR ALI

RESIDENT OF VILLAGE- BANIAMARI PART-4
POST OFFICE- MAKRIJARA
DISTRICT- DHUBRI
ASSAM
PIN- 783349.

51: MUSLIMA BEGUM
WIFE OF SAMSUL HUDA

RESIDENT OF VILLAGE- HATIPOTA PART-II
POST OFFICE- BILASIPARA
DISTRICT- DHUBRI
ASSAM
PIN- 783348.

52: DWIPALI ROY
WIFE OF SIBENDRA NATH RAY

RESIDENT OF GAURIPUR WARD NO.1
POST OFFICE- GAURIPUR
DISTRICT- DHUBRI
ASSAM
PIN- 783331.

53: RUNU BHUYAN
WIFE OF LATE CHITTARANJAN BHUYAN

RESIDENT OF VILLAGE- NAMSHALA
POST OFFICE- NAMSHALA (SARTHEBARI)
DISTRICT- BARPETA
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ASSAM
PIN- 781307.

54: SADHANA BALA RAY
WIFE OF KANU RAY

RESIDENT OF VILLAGE- KERAJ DAOBHANGI
POST OFFICE- RUPSHI
DISTRICT- DHUBRI
ASSAM
PIN- 783331.

55: SAHIDA BEGUM
WIFE OF ABU BAKKAR SIDDIQUE

RESIDENT OF VILLAGE- KHRAJ DAOBHANGI
POST OFFICE- RUPSHI
DISTRICT- DHUBRI
ASSAM
PIN- 783331.

56: DIPA RANI DEKA
WIFE OF JATINDRA NATH PATHAK

RESIDENT OF VILLAGE- SIALMARI
POST OFFICE- TIHU
DISTRICT- NALBARI
ASSAM
PIN- 781371.

57: ANIMA KUTUM
WIFE OF PRABIN KUMAR PEGU

RESIDENT OF VILLAGE- BATHA KHANA
POST OFFICE- BONPURAI
DISTRICT- LAKHIMPUR
ASSAM
PIN- 784165.

58: PHULANI NARAH
WIFE OF MOHAN CHANDRA MILI

RESIDENT OF HOLIKUCHI
POST OFFICE- MATIKHULA
DISTRICT- DHEMAJI
PIN- 787057.

59: REETA LAHKAR
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WIFE OF BALEN GOSWAMI

RESIDENT OF LAXMI MARKET
COLLEGE ROAD
POST OFFICE- PATHSALA
DISTRICT- BARPETA
ASSAM
PIN- 781325.

60: PRANITA PATHAK LAHKAR
WIFE OF AKHIL LAHKAR

RESIDENT OF VILLAGE- AMRI KHOWA
POST OFFICE- AMRIKHOWA
DISTRICT- BARPETA
ASSAM
PIN- 781307.

61: ANOWARA BEGUM
WIFE OF ISMAIL HUSSAIN

RESIDENT OF VILLAGE- KEUTKUCHI
POST OFFICE- KEUTKUCHI
DISTRICT- BARPETA
ASSAM
PIN- 781309.

62: GANEMA BEGUM
WIFE OF MAINUDDIN AHMED

RESIDENT OF VILLAGE- BHOKUATEPA
POST OFFICE- RAULY
DISTRICT- BARPETA
ASSAM
PIN- 781311.

63: RAHENA KHATUN
WIFE OF RAHMAT ALI

RESIDENT OF VILLAGE- BANIAMARI PART-III
POST OFFICE- MAKRIJHORA
DISTRICT- DHUBRI
ASSAM
PIN- 783349.

64: ARPANA SAIKIA
WIFE OF BHABEN DUTTA
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RESIDENT OF VILLAGE- TOWN BANTOW
BISHNU NAGAR
WARD NO.14
POST OFFICE- KHELMATI
DISTRICT- LAKHIMPUR
ASSAM
PIN- 787031.

65: SWAPNA NEOG BORAH
WIFE OF MADHAB BORAH

RESIDENT OF VILLAGE- SAWKUCHI
POST OFFICE- DIRKRONG
DISTRICT- LAKHIMPUR
ASSAM
PIN- 784164.

66: KUNJA DEVI
WIFE OF NARENDRA SARMAH

RESIDENT OF VILLAGE- NIZ BARAMPUR
POST OFFICE- BARAMPUR
DISTRICT- DARRANG
ASSAM
PIN- 784144.

67: NAMITA GOSWAMI
WIFE OF MUKUNDA CH SARMAH

RESIDENT OF VILLAGE- VIDYANAGAR
POST OFFICE- MANGALDOI
DISTRICT- DARRANG
ASSAM
PIN- 784125.

68: PURABI DAS BORAH
WIFE OF RABIN BORAH

RESIDENT OF GATANGA PATHAK CHUBURI
POST OFFICE- BALIPUKHURI TINIALI
DISTRICT- SONITPUR
PIN- 784154.

69: BANTI GOWALA
WIFE OF RATUL BORAH

RESIDENT OF VILLAG- POKHIAJHAR
POST OFFICE- BINDUKURI
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DISTRICT- SONIPUR
ASSAM
PIN- 784154.

70: GUNITA NARZARY
WIFE OF LOHIT MECH

RESIDENT OF VILLAGE- DHEKIDAL
POST OFFICE- GHORAMARI
DISTRICT- SONITPUR
ASSAM
PIN- 784105.

71: MANIKA DEVI
DAUGHTER OF LATE BODH PRASAD NATH
RESIDENT OF VILLAGE- DHEKIAJULI
POST OFFICE- DHEKIAJULI
DISTRICT- SONITPUR
ASSAM
PIN- 784110.

72: SABITA KALITA
WIFE OF JITEN TALUKDER

RESIDENT OF VILLAGE- BARBUKIA
POST OFFICE- ATHGHARIA
DITRICT- NALBARI
PIN- 781347.

73: RENU KALITA
WIFE OF ASWINI KR DEKA

RESIDENT OF VILLAGE- HABERIKURA
POST OFFICE- PUTHIMARI
DISTRICT- KAMRUP
ASSAM
PIN- 781380.

74: RUBI BEGUM
WIFE OF ALTAF HUSSAIN

RESIDENT OF VILLAGE- DUMUNICHOWKI
POST OFFICE- MARUACHOWKI
DISTRICT- DARRANG
ASSAM
PIN- 784145.

75: POPI RAJKHOWA
Page No.# 15/23

WIFE OF DINAMONI OZA

RESIDENT OF VILLAGE- RAIDANGIA
POST OFFICE- RAIDANGIA
DISTRICT- LAKHIMPUR
ASSAM.

76: NIRUPAMA DEKA
WIFE OF KESHAB DEKA

RESIDENT OF VILLAGE- NO.2 KOPATI GRANT
POST OFFICE- KOPATI
DISTRICT- DARRANG
ASSAM
PIN- 784113.

77: NIKUNJA BORUAH DUTTA
WIFE OF JITUL DUTTA

RESIDENT OF HARMUTTY
POST OFFICE- MARBIL
DISTRICT- LAKHIMPUR
ASSAM
PIN- 784160.

78: RIJUMANI PATOWARY
WIFE OF NETRARANJAN DAS

RESIDENT OF VILLAGE- DHALAIBIL
POST OFFICE- NAHARBARI
DISTRICT- SONITPUR
ASSAM
PIN- 784182.

79: PUNYA PROVA CHANGMAI
WIFE OF MONAJ GOGOI

RESIDENT OF VILLAGE- BONTOW BONGALI
POST OFFICE- HATILUNG
DISTRICT- LAKHIMPUR
ASSAM
PIN- 787031.

80: NABAJYOTI GOHAIN
WIFE OF GOBIN LAHON

RESIDENT OF NAPAM RONG PURIA
POST OFFICE- LILABARI
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DISTRICT- LAKHIMPUR
PIN- 787051.

81: HIMADRI BORAH
WIFE OF JADAV SAIKIA

RESIDENT OF VILLAGE- HINDU GAON
POST OFFICE- NORTH LAKHIMPUR
DISTRICT- LAKHIMPUR
PIN- 787001.

82: FARIDA KHATUN
WIFE OF ABDUL MATIN TALUKDAR

RESIDENT OF VILLAGE- ROWMARI
POST OFFICE- MAJGAON
DISTRICT- BARPETA
ASSAM
PIN- 781313.

83: KANIKA DAS
C/O- LATE JOY RAM DAS

RESIDENT OF VILLAGE- PHULGURI
POST OFFICE- SIKERHATI
DISTRICT- KAMRUP
ASSAM
PIN- 781125.

84: NURJAHAN BEGUM
WIFE OF MATIAR RAHMAN

RESIDENT OF BIDYAPARA PART-II
POST OFFICE- KHALILPUR
DISTRICT- DHUBRI
ASSAM
PIN- 783325.

85: MOHILA KHATUN
W/O- AYUB HUSSAIN MONDAL

RESIDENT OF VILLAGE- SHILOHAGRI
POST OFFICE- HOWRARPAR
DISTRICT- DHUBRI
ASSAM
PIN- 783324

VERSUS
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THE STATE OF ASSAM AND 2 ORS.
REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE
GOVERNMENT OF ASSAM, DEPARTMENT OF WOMEN AND CHILD
DEVELOPMENT, ASSAM, DISPUR, GUWAHATI-06.

2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM
DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT
ASSAM
DISPUR
GUWAHATI-06.

3:THE DIRECTOR
WOMEN AND CHILD DEVELOPMENT
ASSAM

UZANBAZAR
GUWAHATI-01

Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR

Advocate for the Respondent : GA, ASSAM,

BEFORE
HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

Date : Date: 18.06.2025

Heard Mr. M. Ahmed, learned counsel for the petitioners. Also heard Mr. R. Dhar, learned counsel representing for the State respondents.

2. The petitioners, by way of instituting the present proceeding, have prayed for a direction upon the respondent authorities for the following reliefs: -

In the premises aforesaid, it is most respectfully prayed that Your Lordships would be pleased to admit this writ petition, call for the records, issue a Rule calling upon the respondents to show cause as to why: -

I) A writ in the nature of Mandamus should not be issued directing the respondent authorities to provide the benefit of a regular appointment to the Page No.# 18/23

petitioners from the date of their initial appointment as Supervisor, i.e., 06.02.2016.

II) A writ in the nature of Mandamus and/or any other writ of like should not be issued directing the respondent authorities to provide all the consequential benefits, which the petitioners are entitled to, from the date of their initial appointment as Supervisor, i.e., 06.02.2016.

and/or cause or causes being shown, upon hearing parties, on perusal of the records be pleased to make the Rule absolute, and/or pass such further order/orders as Your Lordships may deem fit and proper.

3. As projected in the present proceeding, the petitioners were engaged as Anganwadi Worker in different Anganwadi Centres. The Central Government in the Ministry of Human Resource Development Department of Women and Child Development had issued a Notification dated 28.04.1985 to the different Integrated Child Development Projects operationalized in different States to reserve certain percentage of posts of supervisors, for being filled up by recruitment from amongst Anganwadi Workers who had the matriculation qualification and had put it a minimum of 10 years of service. The said provision with regard to recruitment of Anganwadi Workers against the post of Supervisors in the State of Assam was so notified only in the year 2012 vide issuance of a Notification dated 04.06.2012. However, it is projected that even after the issuance of said Notification dated 04.06.2012, no action was taken by the authorities for considering the cases of eligible Anganwadi Workers for recruitment against the post of Supervisors.

4. The Association representing the petitioners herein had approached this Court by way of filing a writ petition being W.P.(C) No. 4862 of 2015. This Court upon considering the issues arising in the said writ petition, and also by recording the submissions of the departmental counsel that the process for appointment of eligible Anganwadi Workers to the cadre of Supervisors, was under process and would be Page No.# 19/23

completed by 31.12.2015, proceeded to dispose of the writ petition by directing the State respondents to complete the process involved.

5. It is projected that the petitioners on their selection for appointment against the posts of Supervisors were vide an order dated 06.02.2016, issued by the Director of Social Welfare Department, Assam, appointed as Supervisors, however, their such appointments were denoted to be contractual and for fixed period of 3 years. The petitioners were also only authorized a fixed pay on their recruitment against the post of Supervisors.

6. Being aggrieved, persons similarly situated like the petitioners approached this court by way of instituting a writ petition being WP(C) No. 7215/2018 (Ms. Bobby Deka & 16 others Vs. the State of Assam).

7. A co-ordinate Bench of this Court vide judgment and order dated 20.06.2022, on considering the issues arising in the said writ petition was pleased to allow the same. The co-ordinate Bench of this Court in the said judgment and order dated 20.06.2022, noticed the fact that the petitioners therein were vide order dated 16.08.2021 given the benefits of regular appointment against the post of Supervisors. Accordingly, the co-ordinate Bench of this Court was of the view that the benefits so extended vide order dated 16.08.2021, is to be given retrospective effect from the date of their initial appointments against the post of Supervisors effected on 06.02.2016. The co-ordinate Bench of this Court, further proceeded to direct that the retrospective effect given to the order dated 16.08.2021 the salaries of the petitioners therein would have to be computed w.e.f. 06.02.2016, in the scale of pay authorized to the post of Supervisors and the arrears working out be paid to the petitioners therein. The operative portion of the said judgment and order dated 20.06.2022, being relevant, is extracted herein below:-

"15. The rival submissions of the learned counsel for the parties have been considered and the materials placed before this Court have been carefully examined.

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The issue which calls for a determination is whether the initial promotion of the petitioners to the post of Supervisors could have been made on a fixed pay and tenure and as to whether such promotion could have been treated as mere engagements. As a corollary, it is also to be decided that if the principal issue is held in favour of the petitioners, from which date the petitioners are to be held to be entitled to the benefits of a regular Supervisor.

16. To decide the aforesaid issue, it would be necessary to go back to the basis of filing the present case which is the communication dated 28.04.1995 of the Government of India. By the said communication, while the Government was considering increase in the honorarium and other benefits of Anganwadi Workers, a decision was already taken to reserve minimum 25% posts of Supervisors for selection from Anganwadi Workers who are Matriculates and having minimum 10 years of experience. Even assuming for arguments sake that the contents of the said communication is not a guideline as tried to be projected on behalf of the State, the subsequent notification by the State dated 04.06.2012 would be of vital importance as it is by this notification that 25% reserve quota was introduced. While doing so, the State Government did not even indicate that the mode of recruitment to the posts of Supervisors would have any cascading effect on the service conditions of the promotional posts of Supervisors. Further, what is more intriguing is that the notification was not given effect to for which the Association of Anganwadi Workers had to approach this Court by means of a writ petition being WP(C)/4862/2015 and it was only thereafter when the recruitment process was initiated. Though the case of Seimens (supra) was cited, the same may not have any direct relevance as by the subsequent order dated 16.08.2021 passed during the pendency of the present writ petition is not to the prejudice of the petitioners but is only a measure to redress their grievance, though partially.

17. It transpires that the recruitment process was initiated vide the communication dated 01.10.2015 wherein, the petitioners were amongst the Page No.# 21/23

successful Anganwadi Workers who were selected for promotion to the post of Supervisors. After going through the selection process and being promoted to the post of Supervisors, there was no reason as to how the petitioners could be deprived of substantive appointment and rather were given contractual appointment, that too for a fixed period and pay. There is no doubt that the cadre of Supervisor is one and the same and therefore, whether one is appointed directly in the 75% of the vacancies or promoted after selection from Anganwadi Worker in the reserved 25% quota cannot make any difference in their service conditions as Supervisors. Rather, this Court is of the opinion that the cadre of Supervisor is a homogeneous one where the mode of entry into the said cadre would be wholly irrelevant. On a specific query by this Court, it has been clarified that there is no difference in the duties discharged by a directly recruited Supervisor or one who is promoted from Anganwadi Worker. Further, the recruitment process for Supervisors which was initiated by the communication dated 01.10.2015 was only to fill up 25% quota reserved for Anganwadi Workers and not for some other posts belonging to a different cadre. The learned State Counsel has also clarified that as on August, 2021, there were 924 nos. of Supervisors out of which 647 were directly recruited and in the year 2016, 277 nos. were promoted from the rank of Anganwadi Workers.

18. Though a frail argument was advanced on behalf of the State with regard to financial concurrence, this Court is of the opinion that the same cannot be a ground to deprive the legal entitlement of an incumbent who is inducted into the services by following the due process of law. Rather, it is the bounden duty of the Department to obtain prior approval from all the concerned Departments including the Finance Department before starting the recruitment process and such approval is assumed to have been obtained. Further, in the instant case, though the initial communication of the Government of India was of the year 1995, the Rules were amended only in the year 2012 and the recruitment process initiated in October, 2015 that too, after filing of a writ petition by the Association.

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19. As would appear from the affidavit-in-opposition that finally vide orders dated 16.08.2021 (or of nearby dates) the petitioners have been given the benefit of a regular appointment, this Court is of the opinion that such benefits are to be given retrospective effect from the date of their initial appointment made on 06.02.2016. Such retrospective effect would also include the balance of the monthly salaries which is to be calculated in terms of scale which the petitioners would have been otherwise paid and the arrears be released to them accordingly. All other benefits including fitment in the appropriate scale of pay, seniority etc. are also directed to be given to the petitioners. The aforesaid direction is given in view of the fact that there is no dispute with regard to the nature of the service discharged by the petitioners as Supervisors and are part of the same cadre of Supervisors which also includes regular appointee in the rest 75% of the vacancies."

8. On a comparison of the service particulars of the petitioner in the present proceedings and the service particulars of the petitioners in the case of Ms. Bobby Deka (supra), it is found that both sets of petitioners were appointed, on their selection, as Supervisors on contractual basis w.e.f. 06.02.2016; and thereafter, they were so appointed on regular basis vide issuance of the order dated 16.08.2021 by the Director, Social Welfare Assam. Accordingly, it is to be held that the decision of the Co-ordinate Bench of this Court in the case of Ms. Bobby Deka (supra) shall also squarely apply to the case of the petitioners in the present proceeding and they would also be entitled to similar benefits. Accordingly, the regular appointments effected in case of the petitioners vide the order dated 16.08.2021 is required to be given a retrospective effect i.e., w.e.f. 06.02.2016. The petitioners would now be entitled to a regular scale of pay as authorized to the post of Supervisors w.e.f. 06.02.2016. Accordingly, the respondents shall compute the arrears of pay and allowances receivable by the petitioners w.e.f., 06.02.2016.

9. The arrear so working out shall be released to the petitioners within a period of 45 (forty-five) days from the date of receipt of the certified copy of this order. The Page No.# 23/23

arrears now receivable by the petitioners would be so released to them after deducting the remuneration so received by them w.e.f. 06.12.2016 on their appointment as Supervisors on contractual basis.

10. With the above observations and direction, the present writ petition stands allowed.

JUDGE

Comparing Assistant