Allowed

Shipra Rani Das Choudhury v. the State of Assam and 4 Ors.

Gauhati HC9 Mar 2021WA/91/2020

Case brief

AI extract

What is this about?

This writ appeal challenging the rejection of the petitioner's appointment as an Anganwadi Worker allowed. The Court held that residing in the same village sufficed for eligibility, rejecting the respondent's ward-wise disqualification. The appeal was allowed, the dismissal order quashed, and the petitioner directed for reinstatement.

What did the court decide?

The order dated 20.07.2020 is set aside. The order dated 21.05.2018 is quashed. The writ appellant shall be reinstated in service as an Anganwadi Worker forthwith.

Shipra Rani Das Choudhury Vs the State of… — Pension and Retirement Benefits | Gauhati HC (2021)

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GAHC010107832020

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

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Case No. : WA/91/2020

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SHIPRA RANI DAS CHOUDHURY

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W/O SRI BIDHU BHUSAN DAS CHOUDHURY VILL- BHAIRABPUR PART-II, P.O. KALAIN DIST. CACHAR, ASSAM, PIN - 788815.

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VERSUS

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THE STATE OF ASSAM AND 4 ORS

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REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SOCIAL WELFARE DEPARTMENT, DISPUR, GUWAHATI -6

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2:THE DIRECTOR OF SOCIAL WELFARE ASSAM UZANBAZAR GUWAHATI-1

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3:THE DISTRICT SOCIAL WELFARE OFFICER CACHAR SILCHAR P.O. SILCHAR ASSAM PIN- 788101.

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4:THE CHILD DEVELOPMENT PROJECT OFFICER KALAIN ICDS PROJECT HILARA P.O. HILARA DIST. CACHAR ASSAM PIN - 788815.

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5:JAYNAB BEGUM TAPADAR W/O TUTAUR RAHMAN VILL- BHAIRABPUR PART-II P.O. KALAIN DIST. CACHAR ASSAM PIN - 788815

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Advocate for the Petitioner : MR M J QUADIR

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Advocate for the Respondent : GA, ASSAM

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- B E F O R E -

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HON’BLE THE CHIEF JUSTICE MR. SUDHANSHU DHULIA HON’BLE MR. JUSTICE MANASH RANJAN PATHAK

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ORDER

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Date : 09-03-2021 (Sudhanshu Dhulia , CJ)

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Heard Mr. M.J. Quadir, learned counsel for the writ appellant. Also heard Mr. T.C. Chutia, learned Additional Senior Government Advocate, Assam, appearing for the respondent Nos.1, 2, 3 & 4.

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The present writ appellant before this Court was selected as an Anganwadi Worker in Bhairabpur Part II Anganwadi Centre (AWC) No.183 in the district of Cachar. Challenging the appointment of the writ appellant, one of the applicants for the said post, namely, Smti. Jaynab Begum Tapadar, had filed a writ petition before this Court being WP(C) No.5323/2016 (Smti. Jaynab Begum Tapadar -Vs- State of Assam & 5 Ors.). The said writ petition was disposed of vide order dated 22.03.2017 by the learned Single Judge asking the Director of Social Welfare Department, Assam to conduct an independent enquiry.

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The Director of Social Welfare Department, Assam had conducted an enquiry and came to the conclusion that the village Bhairabpur Part II has different wards and the Anganwadi Centre is located at Ward No.9, whereas Smti. Jaynab Begum Tapadar and the present writ appellant are the residents of Ward No.8 and then he came to the conclusion that both of them are not residents of Ward No.9 and rejected the candidature of the writ appellant as well as that of the challenger, i.e. Smti. Jaynab Begum Tapadar.

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Aggrieved by the order dated 21.05.2018 of the Director of Social Welfare Department, Assam, the writ appellant herein had filed a writ petition being WP(C) No.4087/2018 (Shipra Rani Das Choudhury -Vs- State

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of Assam & 4 Ors.) before this Court. The said writ petition did not find favour of the learned Single Judge and the same was dismissed vide order dated 20.07.2020. Being aggrieved, the appellant/writ petitioner has filed the present writ appeal.

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Mr. M.J. Quadir, learned counsel for the appellant/writ petitioner has taken us to the Notification dated 19.09.2009, where one of the mandatory requirements is reflected as under:-

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“i. The candidate for the post of Anganwadi Worker (AWW) and Anganwadi Helper (AWH) shall be a local Woman residing in the same village, where the Anganwadi Centre is located.”

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(emphasis provided)

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The requirement therefore is that a person should belong to the same village where Anganwadi Centre is located. It is undisputable that the appellant/writ petitioner is a resident of Bhairabpur Part II, where the Anganwadi Centre is located. It is possible that the village itself may have more than one Anganwadi Centre, one located at Ward No.8 and the other at Ward No.9. Merely because the appellant/writ petitioner resides at Ward No.8 of the same village, she will not become ineligible for appointment as an Anganwadi Worker for an Anganwadi Centre, which is located at Ward No.9 for the simple reason that ultimately that Anganwadi Centre is located in the same village, where the appellant/writ petitioner resides and the requirement is that a person should be residing in the same village. Therefore, the reasoning adopted by the Director of Social Welfare Department, Assam in the order dated 21.05.2018 that the present appellant is not from the same Ward, is not sustainable in law.

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Consequently, the writ appeal is allowed. The order dated 20.07.2020 passed by the learned Single Judge in WP(C) No.4087/2018 is hereby set aside and the order dated 21.05.2018 issued by the Director of Social Welfare Department, Assam, is quashed. The writ appellant shall be reinstated in service as an Anganwadi Worker in Bhairabpur Part II Anganwadi Centre (AWC) No.183, forthwith.

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With the above observation and direction, the writ appeal stands allowed.

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JUDGE

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CHIEF JUSTICE

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Comparing Assistant

Shipra Rani Das Choudhury v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

Shipra Rani Das Choudhury v. the State of Assam and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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