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2017 DIGILAW 901 (GAU)

Joygun Begum v. State of Assam

2017-07-12

ACHINTYA MALLA BUJOR BARUA

body2017
JUDGMENT : Achintya Malla Bujor Barua, J. 1. None appears for the petitioner when the matter is called upon. Heard Mr. M.R. Adhikary, learned Additional Senior Government Advocate, appearing on behalf of the State respondent authorities in the Social Welfare Department. Pursuant to an advertisement dated 05.09.2009 issued under the signature of the Child Development Project Officer (CDPO), Krishnai Balijana Twin ICDS Project, inviting applications for various posts, amongst others, of Anganwadi Workers/Helpers, the petitioners had duly participated in the same. Annexure-2 to the writ petition is a WT message dated 07.11.2009 of the Joint Secretary to the Government of Assam in the Social Welfare Department, Dispur addressed to the CDPO's of various places including the Krishnai Balijana Twin ICDS Project's CDPS, which is involved in the subject matter in this writ petition. The said WT message provides that the CDPO's are required to announce the result after observing all formalities and take necessary action immediately for engagement of the selected candidates and report compliance to the Government by a written signal. 2. As per the Annexure-3 notice dated 01.12.2009 under the signature of the CDPO, Krishnai Balijana Twin ICDS Project, a select list was notified as regards Anganwadi Workers and Helpers in respect of the centers under the said Krishnai Balijana Twin ICDS project. As per the Serial No. 22 of the said select list for Badal Para Ward No. 10, the petitioner No. 4 was selected as a Anganwadi Helper, similarly as per Serial No. 24 in respect of Natun Basti Ward No. 11, the petitioner No. 1 was selected as Anganwadi Helper and in respect of Bhatipara Ward No. 12 in Serial No. 27, the petitioner No. 2 was selected as Anganwadi Helper. The aforesaid selections were made in respect of centers in the town area. In respect of the selection for the Gaon Panchayat areas in Serial No. 22, the petitioner No. 3 was selected under the Dakhin Hsila Beel for the post of Anganwadi Worker. 3. Annexure-4 is a WT message dated 14.11.2009 of the Commissioner and Secretary to the Government of Assam in the Social Welfare Department. In respect of the selection for the Gaon Panchayat areas in Serial No. 22, the petitioner No. 3 was selected under the Dakhin Hsila Beel for the post of Anganwadi Worker. 3. Annexure-4 is a WT message dated 14.11.2009 of the Commissioner and Secretary to the Government of Assam in the Social Welfare Department. The said WT message addressed to all the Deputy Commissioners, District Social Welfare Officers etc provides for a request to the concerned authorities for necessary assistance to the CDPO's for smooth completion of the process of recruitment of Anganwadi Worker and Anganwadi Helper within their respective jurisdiction and to ensure compliance within 30.12.2009. 4. Subsequently, some similarly situated persons had preferred a writ petition being WP(C) No. 655/2010, wherein an order dated 05.02.2010 was passed that the pendency of the said writ petition shall not be a bar for the respondent authorities to consider and make appointments in the posts of Anganwadi Workers and Anganwadi Helpers as per the select list dated 01.12.2009, which is in fact also the select list involved in the present writ petition. 5. Although the matter has been pending since the year 2010, no affidavit in opposition has been filed by the State respondent authorities in the Social Welfare Department to raise any objection to the claim of the petitioners for a direction to make their appointments as per the said select list of 1.12.2009. 6. In view of the above, this Court is of the view that the interest of justice would be met if a direction is issued to the concerned CDPO of Krishnai Balijana Twin ICDS project to give a due consideration to the case of the petitioners. 7. Accordingly, a direction is issued that the respondent No. 4, being the CDPO of Krishnai Balijana Twin ICDS project shall give a due consideration to the select list dated 01.22.2009, which is annexed as Annexure-3 to the writ petition and upon considering the same, if the respondent No. 4 finds the said select list to be a valid and proper select list, shall undertake the necessary exercise to issue appointment to the petitioners herein provided that there is no further legally valid impediment in making such appointments. If upon consideration, the respondent No. 4 is of the view that the appointments are required to be made, the CDPO (respondent No. 4) shall issue the respective appointment letters in the known addresses of the petitioners. 8. In the event, the CDPO (respondent No. 4) takes a view that the appointments are not required to be made, specific reasons thereof shall be stated in a speaking order and the same shall also be duly communicated in the known addressed of the petitioners. 9. The aforesaid exercise be carried out within a period of two months from today. 10. Mr. M.R Adhikary, learned State Counsel appearing for the respondent Social Welfare Department shall inform the CDPO about the order passed today with a direction to comply with the same. Let a copy of this order be furnished to Mr. M.R Adhiakry, learned State Counsel. In terms of the above, the writ petition stands disposed of.