Petitioner challenged an order appointing a respondent as an Anganwadi Worker temporarily. The Court held the order expired after three months per a prior directive, rendering the petition infructuous as a fresh process was initiated.
Writ petition stands closed as infructuous.
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GAHC010025752015
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C)/7068/2015
MRS. KANMAINA RAY
W/O SRI DHANANJOY MONDAL VILL- JHAPUSHABARI, PART-IV, P.O. DAKHIN JHAPUSHABARI P.S. GOLAKGANJ DIST. DHUBRI, ASSAM, PIN - 783335.
VERSUS
THE STATE OF ASSAM AND 7 ORS
REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM, SOCIAL WELFARE DEPARTMENT, DISPUR, GUWAHATI -6.
2:THE DIRECTOR SOCIAL WELFARE DEPARTMENT
ASSAM GUWAHATI -1.
3:THE DEPUTY COMMISSIONER
DHUBRI DIST. DHUBRI ASSAM.
4:THE DISTRICT SOCIAL WELFARE OFFICER
DHUBRI DIST. DHUBRI ASSAM.
5:THE SELECTION COMMITTEE
REP. BY ITS CHAIRMAN CUM DIST. SOCIAL WELFARE OFFICER
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DHUBRI DIST. DHUBRI ASSAM.
6:THE DIVISIONAL PROGRAMME OFFICER ICDS CELL KOKRAJAHAR ASSAM.
7:THE CHILD DEVELOPMENT PROJECT OFFICER AGOMANI ICDS PROJECT AGOMANI DHUBRI ASSAM. 8:SMT. NAMITA RAY ANGANWADI WORKER 31 NO. GOUR JHAPUSHABARI ANGANWADI CENTRE D/O BASU NATH RAY VILL- JHAPUSHABARI PART-IV P.O. DAKHIN JHAPUSHABARI P.S. GOLAKGANJ DIST. DHUBRI ASSAM PIN - 783335
Advocate for the Petitioner : MR.S K ROY
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE DEVASHIS BARUAH
ORDER
Date : 02.01.2023
Heard Mr. S. K. Roy, the learned counsel appearing on behalf of the petitioner and Mr. J. K. Goswami, the learned Government Advocate appearing on behalf of the State respondents.
It appears on record that the instant writ petition was filed challenging the order dated 01.09.2015 whereby the respondent No.8 was appointed
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temporarily for a period of 3 (three) months as an Anganwadi Worker of 31 No. Gour Jhapushabari Anganwadi Centre. Although, in the said order dated 01.09.2015, it has been mentioned that the appointment shall remain until any further order but by virtue of the order dated 23.11.2015 whereby this Court had categorically directed that the temporary engagement of the respondent No.8 as Anganwadi Worker of 31 No. Gour Jhapushabari Anganwadi Centre shall not be extended after the expiry of the period of three months for which she has been engaged.
Under such circumstances, it has been brought to the notice of this Court that the impugned order dated 01.09.2015 has spent its force on 31.12.2015 and thereupon there has been a fresh advertisement issued for Anganwadi Workers in the said 31 No. Gour Jhapushabari Anganwadi Centre.
Under such circumstances, nothing survives in the instant writ petition for which the instant writ petition stands closed as infructuous.
JUDGE
Comparing Assistant
2 issues framed by the court
Whether the writ petition challenging a temporary appointment remains maintainable after the impugned order expired due to a prior court directive?
Whether the writ petition is infructuous after the temporary appointment period lapsed and a fresh appointment process was initiated?
MRS. KANMAINA RAY
THE STATE OF ASSAM
SMT. NAMITA RAY
DEVASHIS BARUAH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
