Allowed

Mrs. Tribeni Borah v. the State of Assam and Ors.

Gauhati HC17 Jun 2022WP(C)/2741/2010

Case brief

AI extract

What is this about?

This writ petition challenged the denial of appointment of the petitioner as an Anganwadi Helper after she was selected in a 2009 list. The Court held that without justifiable reasons, the selection cannot be denied and directed authorities to appoint the petitioner within one month.

What did the court decide?

Directed respondent authorities to appoint the petitioner as Anganwadi Helper in Ronthali Madhya L.P. School within one month.

Mrs. Tribeni Borah Vs the State of Assam and… — Pension and Retirement Benefits | Gauhati HC (2022)

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Page No.# 1/5

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GAHC010005352010

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

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Case No. : WP(C)/2741/2010

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MRS. TRIBENI BORAH WIFE OF SHRI BULMONI BORAH, RESIDENT OF VILLAGE- RANTHOLI P.O. RANTHOLI, P.S. NAGAON SADAR, DIST. NAGAON, ASSAM.

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VERSUS

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THE STATE OF ASSAM AND ORS

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

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2:THE DIRECTOR OF SOCIAL WELFARE ASSAM BAL BHAWAN UZAN BAZAR GUWAHATI-1.

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3:THE DISTRICT SOCIAL WELFARE OFFICER NAGAON P.O. NAGAON DIST. NAGAON ASSAM.

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4:THE CHILD DEVELOPMENT PROJECT OFFICER PAKHIMARIA ICDS PROJECT NAGAON P.O. NAGAON DIST. NAGAON ASSAM.

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5:MRS. KABERI DAS BANIA WIFE OF SHRIBABUL BANIA RESIDENT OF VILLAGE- RANTHOLI P.O. RANTHOLI P.S. NAGAON SADAR DIST. NAGAON ASSAM

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Advocate for the Petitioner : MR.A K PURKAYASTHA Advocate for the Respondent : MR. T C CHUTIA

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BEFORE HONOURABLE MR. JUSTICE NANI TAGIA

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ORDER

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Date : 17.06.2022

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Heard Mr. A. K. Purkayastha, learned counsel for the petitioner. Also heard Mr. J. K. Goswami, learned Addl. Senior Government Advocate, appearing on behalf of respondents No. 1 to 4.

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The petitioner, by means of this writ petition, while challenging the appointment of private respondent No. 5 as Anganwadi Helper(AWH) in Ronthali Madhya L.P. School, Nagaon, has also prayed for a direction to the respondent authorities for her appointment as Anganwadi Helper(AWH) in the said Ronthali Madhya L.P. School, Nagaon, in terms of the Select List, dated 27.11.2009 pursuant to the Advertisement, dated 10.09.2009, issued by the Child Development Project Officer, Pakhimoria ICDS Project, Nagaon.

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The brief facts of the case as highlighted in the writ petition, are as follows:-

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Pursuant to an Advertisement, dated 10.09.2009, issued by the Child Development Project Officer, Pakhimoria ICDS Project, Nagaon, vide Memo. No. CDPO(Pakhi)21/06-07, inviting applications from the intending eligible candidates for appointment in the newly approved posts of AWW(Worker) and AWH(Helper) for the Pakhimoria ICDS Project under the Department of Social Welfare, Government of Assam, the petitioner had applied for the post of Anganwadi Helper(AWH) and when she was called for the interview, she had participated accordingly and thereafter, the Select List was published on 27.11.2009, signed by the Child Development Project Officer-cum-Member Secretary, Anganwadi Selection Committee, and by the Circle

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Officer, Sadar-cum-Chairman, Anganwadi Selection Committee, Pakhimoria ICDS Project, Nagaon, wherein, she was selected for appointment as AHW in the Ronthali Madhya L.P. School, Nagaon.

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The petitioner contends that despite her selection for appointment as an Anganwadi Helper(AWH) in the Ronthali Madhya L.P. School, Nagaon, vide Select List, dated 27.11.2009, as indicated hereinabove; she was denied appointment without any justified reason and instead, the private respondent No. 5 has been appointed as Anganwadi Helper(AWH) in the Ronthali Madhya L.P. School, Nagaon, who, according to her, was not selected.

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Though this writ petition was filed in the year 2010, counter-affidavit by only one of the respondents namely, respondent No. 2, came to be filed on 23.12.2021, in which counter-affidavit, it has been stated that the private respondent No. 5 has been working as Anganwadi Helper(AWH) in the Ronthali Madhya L.P. School, Nagaon, since February, 2010, under Pakhimoria ICDS Project, Nagaon, vide appointment letter No. CDPO(PKM)E-2/2005-2006, dated 02.02.2010, as informed by the Child Development Project Officer, Pakhimoria ICDS Project, Nagaon.

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Apart from stating that the private respondent No. 5 has been working as Anganwadi Helper(AWH) in the Ronthali Madhya L.P. School, Nagaon, since February, 2010; the respondent No. 2, in the counter-affidavit filed, has not controverted any of the averments made by the writ petitioner in this writ petition.

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Since the averments made by the writ petitioner to the effect that pursuant to an Advertisement, dated 10.09.2009, inviting applications, amongst others, for selection to the post of Anganwadi Helper(AWH), and the Select List, dated 27.11.2009, published pursuant thereto wherein the petitioner was selected for appointment as Anganwadi Helper(AWH) in the Ronthali Madhya L.P. School, Nagaon, having not been controverted by any of the respondents by filing the counteraffidavit(s) for the past 12(twelve) years, as this writ petition pertains to the year 2010; it has to be assumed that the averments made by the writ petitioner in the writ petition is correct and that she was selected for appointment as Anganwadi Helper(AWH) in the Ronthali Madhya L.P. School, Nagaon, vide Select List, dated 27.11.2009, published by the respondent authorities pursuant to the Advertisement, dated 10.09.2009.

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If that be the position; the respondent authorities have not offered any justifiable reason to deny the appointment of the writ petitioner as an Anganwadi Helper(AWH) in the Ronthali Madhya L.P. School, Nagaon, in terms of the Select List, dated 27.11.2009.

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Since the candidate selected for appointment cannot be denied the appointment without any adequate and justifiable reasons; I, hereby deem it appropriate to dispose of this writ petition by directing the respondent authorities, more particularly, the respondent No. 2/Director of Social Welfare, Government of Assam, Guwahati, and respondent No. 4/Child Development Project Officer, Pakhimoria ICDS Project, Nagaon, to appoint the instant petitioner, as Anganwadi Helper(AWH), in the Ronthali Madhya L.P. School, Nagaon, in terms of the Select List, dated 27.11.2009, pursuant to the Advertisement, dated 10.09.2009.

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It is ordered accordingly.

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Since the writ petition pertains to the year 2010; the appointment of the writ petitioner as Anganwadi Helper(AWH) in the Ronthali Madhya L.P. School, Nagaon, shall be made positively within a period of 1(one) month from the date of receipt of a certified copy of this order.

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The writ petition stands disposed of, in terms above.

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JUDGE

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Comparing Assistant

Mrs. Tribeni Borah v. the State of Assam and Ors.

Case brief

What is this about?

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Mrs. Tribeni Borah v. the State of Assam and Ors.

Case brief

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