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Orissa High Court · body

2007 DIGILAW 636 (ORI)

Abanti Behera v. Collector, Puri,four others

2007-08-20

A.S.NAIDU

body2007
ORDER 20.8.2007 — Heard Mr. Sachidananda Sahoo learned counsel for the petitioner, Mr. M.K.Sahoo learned counsel for Opposite Party No. 5, Mr. B.B.Mohapatra learned counsel for the intervenors and the learned counsel for the State. 2. The dispute in the present writ petition is with regard to the engagement of Anganwadi Workers at Salanga Anganwadi Centre under Nimapara block. 3. Opposite Party No. 5, Rita Swain, in earlier writ petition being W.P.(C) No. 6150 of 2005 had approached this Court with a grievance that as she stood second in the selection list and the candidate who stood first though engaged had tendered his resignation, she should be engaged in the said vacant post. 4. In course of hearing of W.P.(C) No. 6150 of 2005, it came to the notice of the Court that Opposite Party No. 5 had already approached the Collector, Puri, by filing a representa¬tion dt. 21.3.2005 and, therefore without entering into the arena of dispute this Court disposed of the said writ petition with a direction to the Collector, Puri, to look into the grievance of the petitioner and dispose of the representation said to have been filed by the petitioner in accordance with law. In consonance with the said direction, the Collector, Puri, called for the documents from the Selection Committee, perused the same, caused an inquiry and also heard the parties. It is observed by the Collector in his order that the post of Anganwadi Worker of Salanga Anganwadi Centre fell vacant due to the resig¬nation of Sailabala Dei as she tendered her resignation on being engaged as Swechhasevi Sikhya Sahayak and directed that to avoid the delay in process of selection of Anganwadi Worker, Smt. Rita Swain (the petitioner before this Court in the earlier writ petition) who stood second in the selection list should be en¬gaged in the said post. 5. Being aggrieved by such order passed by the Collector, the present petitioner has approached this Court. According to the petitioner, the selection process for filling up of the post of Anganwadi Worker at Salanga Anganwadi Centre and other centres under Nimapara block commenced as long back as in the year 2000. After completion of the recruitment test, one Sailabala Dei who stood first was selected and engaged in the said post. She discharged her duties till 6.1.2003 i.e. for a period of two years and thereafter she tendered her resignation. After completion of the recruitment test, one Sailabala Dei who stood first was selected and engaged in the said post. She discharged her duties till 6.1.2003 i.e. for a period of two years and thereafter she tendered her resignation. According to the learned counsel for the petitioner, Sailabala who was appointed in the year 2001 having resigned the post fell vacant and in consonance with the scheme a fresh selection process should have been commenced. Without adopting the said procedure the Collector illegally and with material irregularity directed that Rita Swain who stood second in the selection held years back (2000) should be engaged in the post. 6. According to the learned counsel for opposite party No. 5, the Collector has not committed any infirmity or illegality. It is stated that number of posts of Anganwadi Centre under Nimapara block fell vacant and the Collector had taken a decision to fill up the said posts from out of the candidates whose name had been placed in the Selection List, 2001 to avoid delay in filling up the posts. 7. After receiving notice, learned counsel for the State appeared and on instruction fairly submits that a selection list prepared for engagement of Anganwadi Centre comes to an end immediately after the selection process is over and a person selected is engaged. Thereafter, no appointment can be done from the said list. 8. It further appears that in the meanwhile another re¬cruitment notice was issued for filling up of the aforesaid posts including the post of Anganwadi Worker at Salanga Anganwadi Centre and the selection process is continuing. Mr. Mohanty, learned counsel appearing for the intervenors submits that the intervenors are more meritorious than the present petitioner, Abanti Behera, and their case should be considered for the post of Anganwadi Worker at Salanga Anganwadi Centre. But then, the recruitment process, which has commenced only on 5.5.2005 has not culminated till now and it will be premature to raise such submission. Even otherwise the guidelines prescribed by the Government clearly stipulates that in the event any person is aggrieved by the illegalities or irregularities committed in the selection process, he has a right to approach either Sub-Collector or the Collector as the case may be. Even otherwise the guidelines prescribed by the Government clearly stipulates that in the event any person is aggrieved by the illegalities or irregularities committed in the selection process, he has a right to approach either Sub-Collector or the Collector as the case may be. In view of the aforesaid provisions, this Court is not inclined to express any opinion with regard to the selection process, which has commenced in consonance with the notification dated 5.5.2005. 9. After hearing learned counsel for the parties and perusing the materials on record, this Court is satisfied that the order passed by the Collector, Puri, directing to engage Rita Swain, opposite party No. 5, as Anganwadi Worker at Salanga Anganwadi Centre is not correct. Fact remains that the said Rita Swain was selected in a recruitment held in the year 2000 and the said list has already lost its force. 10. I, therefore, allow this writ application, set aside the order dated 5.10.2005 passed by the Collector, Puri under Ext. 4 and also observe that all appointments at Nimapara Centre out of the old list which has lost its force should be terminated of course after giving notice to the persons engaged, and the said posts should be filled up by fresh recruitment. It is needless to say that recruitment notification for some of the posts has not been issued till date. The authorities will take proper steps by issuing such recruitment notification and go ahead with the selection process. Application allowed.