Petitioners seeking appointment as Anganwadi Workers/Helpers challenged non-conclusion of selection process. Court directed Director of Social Welfare to take final decision.
Direction issued to the Director of Social Welfare to take a final decision on the selection matter within 2 months.
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GAHC010018122021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/671/2021
GITA TALUKDAR AND 3 ORS
W/O. SRI ANJAN TALUKDAR, VILL. MOHKHALI, P.O. GOPALTHAN/BARNARDDIN, DIST. NALBARI, ASSAM.
2: ANURADHASHRI HAZARIKA W/O. PRADIP DAS VILL. AND P.O. NIZ THAPA DIST. NALBARI ASSAM.
3: NARMADA HALOI W/O. SRI GANESH TALUKDAS VILL. KHUDRA KHETRI BARNI P.O. BANAGRAM DIST. NALBARI ASSAM.
4: MARJINAWARA BEGUM W/O. SRI RAJIB HUSSAIN VILL. BILESWAR P.O. BELSOR DIST. BALBARI ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
REP. BY COMM. AND SECY. TO THE GOVT. OF ASSAM, SOCIAL WELFARE DEPTT., DISPUR, GUWAHATI-06.
2:THE DIRECTOR OF SOCIAL WELFARE OFFICE ASSAM UZAN BAZAR GHY.-01.
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3:THE DIST. SOCIAL WELFARE OFFICER NALBARI P.O AND P.S. NALBARI DIST. NALBARI ASSAM.
4:THE CHILD DEVELOPMENT PROJECT OFFICER WEST NALBARI INTEGRATED CHILD DEVELOPMENT PROJECT SAMATA NALBARI ASSAM.
5:THE SELECTION COMMITTEE WEST NALBARI INTEGRATED CHILD DEVELOPMENT PROJECT REP. BY ITS CHILD DEVELOPMENT PROJECT OFFICER WEST NALBARI INTEGRATED CHILD DEVELOPMENT PROJECT SAMATA DIST. NALBARI ASSAM
Advocate for the Petitioner : MR. A M BARBHUIYA
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE MICHAEL ZOTHANKHUMA
ORDER
Date : 03.03.2021
Heard Mr. A. M. Borbhuiya, learned counsel for the petitioners, who submits that the petitioners had taken part in the selection process for appointment to the post of Anganwadi Workers/ Anganwadi Helpers in pursuant to an Advertisement dated 11.02.2019. He submits that while the selection process had been completed with respect to various Anganwadi Centres, the selection process has not been concluded in respect of the Centres in which the petitioners have participated.
He submits that the Director of Social Welfare, vide his letter dated 25.08.2020, directed all the CDPOs, who had not submitted their proposals for approval of the selected Anganwadi Workers/Helpers to submit their proposals within 15.09.2020. However, the CDPOs who are in-charge of the Anganwadi
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Centres in which the petitioners had taken part in the selection process, have not complied with the letter dated 25.08.2020 issued by the Director of Social Welfare. Accordingly he prays that a direction should be issued to the concerned CDPO to comply with the letter dated 25.08.2020 issued by the Director of Social Welfare, so that the selection process can be concluded.
Mr. D. Nath, learned counsel appearing for all the respondents, submits that the proposals for approval of Anganwadi Workers/Helpers including the selection process in which the petitioners participated, could not be completed due to the fact that the respondent No. 3 had not given his signature to the select lists. As such, the Director (respondent No. 2) had called for a meeting on 23.02.2021 to finalize the said issue. However, the meeting could not take place and the earlier Director retired from service on 28.02.2021. He submits that a meeting will be called for by the new Director of Social Welfare and a final decision with regard to the selection process, involving the Anganwadi Centres, in which the petitioners participated, would be taken.
Mr. A. M. Borbhuiya, learned counsel for the petitioners, submits that in view of the submission made by the learned counsel for the State respondents, the writ petition can be disposed of, if a direction is issued to the Director of Social Welfare to take a final decision on the said issue within a specified time period.
In view of the submissions made by the learned counsels for the parties and with their consent, this writ petition is disposed of with a direction to the Director of Social Welfare to take a final decision on the said matter within a period of 2 (two) months from the date of receipt of a certified copy of this order.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether a direction should be issued to the Director of Social Welfare to finalize pending selection for Anganwadi Workers/Helpers
Whether the selection process can be concluded despite absence of certain approvals
Gita Talukdar and 3 Ors
The State of Assam and 4 Ors
Michael Zothankhuma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
