WP(C)/35622/2020
2021 Latest Caselaw 2973 Ori

                                 W.P.(C) No. 35622 of 2020




03.   01.03.2021           The matter is taken up through hybrid arrangement
                   (virtual/physical mode).
                           Heard Mr. J.K. Khuntia, learned counsel for the
                   petitioner and Mr. R.P. Mohapatra, learned Addl. Government
                   Advocate.
                           The petitioner has filed this writ petition challenging
                   the order dated 13.02.2020 passed by the Collector & District
                   Magistrate,   Bhadrak    in   Misc.    Case     No.72    of   2019   in
                   pursuance of the order dated 03.12.2019 passed by this
                   Court in W.P.(C) No.23687 of 2019, by which the claim of the
                   petitioner has been rejected.
                           Mr. J.K. Khuntia, learned counsel for the petitioner
                   contended that pursuant to advertisement issued by the
                   CDPO, Bhandaripokhari on 28.12.2009 for filling up of the
                   vacant post of anganwadi worker at Manoharpur anganwadi
                   centre, five number of applicants including the petitioner
                   applied for the said post. The selection committee conducted
                   the selection process on 24.02.2010 and appointed one
                   Saudamini Sahoo on basis of highest marks secured by her.
                   Consequentially, she joined in the post and while continuing
                   as such, she died on 25.09.2019. Thereby, the petitioner
                   being stood second in the merit list, she should be given
                   engagement in the said post. Since the claim of the petitioner
                   has been rejected by the authority, the petitioner approached
                   this Court by filing the present writ petition.
                           Mr.   R.P.   Mohapatra,       learned    Addl.   Government
                   Advocate raised preliminary objection with regard to the
         claim of the petitioner and to substantiate his contention, he
        has relied upon the judgment of this Court in the case of
        Abanti Behera v. The Collector, Puri and four others,
        2007 (II) OLR 490. It is contended that since the select list is
        for a period of one year and the petitioner has not been
        selected for the said post and, as such, the selected
        candidate has already been appointed and she died while
        continuing in the post, the claim of the petitioner cannot
        sustain in the eye of law. It is fairly contended that this
        aspect has not been considered by the Collector while passing
        the order impugned.
                Having heard learned counsel for the parties and
        after going through the records, this Court is of the
        considered   view   that   while    passing   the   order   dated
        13.02.2020, the Collector has not applied its mind in proper
        perspective. Therefore, the order dated 13.02.2020 is liable
        to be quashed and is hereby quashed. The matter is remitted
        back to the very same authority for reconsideration of the
        same and pass appropriate order in accordance with law
        keeping in view the ratio decided in Abanti Behera (supra)
        as expeditiously as possible.
                                            ...............................

Ashok (DR. B.R. SARANGI) JUDGE