Smti Jyoti Doley and Ors. Vs the State of Assam and 9 Ors. — Gauhati HC (2025) — LawSathi Research

Smti Jyoti Doley and Ors. Vs the State of Assam and 9 Ors. — Gauhati HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application dismissed as withdrawn; no substantive relief to the applicants. Operative directions: applicants to join duty at the places assigned by the order dated 24.01.2025; respondents to pay honorarium from the date of such joining.

Issue for consideration

Whether the interlocutory application seeking interference with (and stay of) the CDPO, Dhakuakhana's order dated 24.01.2025 directing the applicants to join and perform duties at the specified Anganwadi Centres should be entertained.

Court's answer

The Court noticed that although the impugned order was passed on 24.01.2025, till date the applicants have not joined at the place where they were asked to discharge duties temporarily in terms of the order dated 25.11.2024 passed by this Court in I.A.(Civil) 3542/2024.

Ratio / Principle

On the learned counsel for the applicants, on instruction, submitting that he wanted to withdraw the interlocutory application, the Court dismissed the application as withdrawn.

Key takeaways

The applicants are directed to join at the place where they have been assigned to discharge their duties by the impugned order dated 24.01.2025.ratio¶¶30
The respondents are directed to pay the honorarium to the applicants from the date of their joining at the place indicated in the order dated 24.01.2025.ratio¶¶31

Detailed headnote1 paragraphs

Gauhati High Court (Division Bench of Vijay Bishnoi, C.J. and N. Unni Krishnan Nair, J.), by order dated 10-04-2025 in I.A.(Civil)/834/2025 (neutral citation 2025:GAU-AS:4529), dismissed as withdrawn an interlocutory application by four Anganwadi Workers of Dhakuakhana, Lakhimpur, assailing the order dated 24.01.2025 of the Child Development Project Officer (CDPO), Dhakuakhana directing them to join and perform duties at specified Anganwadi Centres. The applicants relied on this Court's interim order dated 25.11.2024 in I.A.(Civil) 3542/2024 in WA 327/2024, which had stayed the CDPO's order dated 25.10.2024 releasing them from duty and had directed that the substituted appointees (respondent Nos.7, 8 and 9) be adjusted at a nearby Anganwadi Centre; counsel complained that the applicants, not those substitutes, were posted elsewhere. The Court observed that the applicants had in fact never joined at the places indicated in terms of the order dated 25.11.2024; counsel thereupon, on instruction, sought withdrawal, which was permitted. The Court directed the applicants to join at the assigned places and directed the respondents to pay them honorarium from the date of joining.

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GAHC010031812025

2025:GAU-AS:4529

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

Case No. : I.A.(Civil)/834/2025

SMTI JYOTI DOLEY AND ORS

W/O SRI ANIL PATIR, VILL. BHITOR BOCHAMUKH, P.O. BAKULGURI, P.S. DHAKUAKHANA, DIST- LAKHIMPUR, ASSAM

2: MONIKA DOLEY W/O SRI DIBYAJYOTI DOLEY VILL. BALIJAN DANGDHARA P.O. OGURI P.S. DHAKUAKHANA DIST- LAKHIMPUR ASSAM

3: MALABIKA MILI PATIR W/O SRI RAMEN PATIR VILL. JANOU KHAJUA PATIR P.O. KHAJUA PAIR P.S. DHAKUAKHANA DIST- LAKHIMPUR ASSAM 4: BORNALI PEGU W/O SRI PRIYADIP PEGU VILL. BOGORIGURI P.O. BAKULGURI P.S. DHAKUAKHANA DIST- LAKHIMPUR ASSA

VERSUS

THE STATE OF ASSAM AND 9 ORS

REP. BY THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM, SOCIAL WELFARE DEPTT., DISPUR, GHY-6

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2:THE DIRECTOR OF SOCIAL WELFARE KACHARI GHY-1 3:THE DISTRICT SOCIAL WELFARE OFFICER LAKHIMPUR DIST- LAKHIMPUR ASSAM 4:THE DY. COMMISSIONER LAKHIMPUR NORTH LAKHIMPUR ASSAM 5:THE CHILD DEVEL. PROJECT OFFICER DHAKUAKHANA ICDS PROJECT LAKHIMPUR DIST- LAKHIMPUR ASSAM 6:THE CIRCLE OFFICER DHAKUAKHANA REVENUE CIRCLE DHAKUAKHANA DIST- LAKHIMPUR ASSAM 7:PREMBALA KAMAN PATIR W/O SRI MONJIT PATIR R/O BHITOR BOCHAMUKH P.O. BOKULGURI MOUZA- and P.S. DHAKUAKHANA DIST- LAKHIMPUR ASSAM 8:PINKY PATIR DOLEY W/O SRI PADMAKANTA DOLEY R/O BALIJAN DANGDHARA P.O. OGURI MOUZA- and P.S. DHAKUAKHANA DIST- LAKHIMPUR ASSAM 9:DIPAMONI PATIR D/O SRI RANJAN PATIR R/O JANOU KHAJUA PATIR P.O. KHAJUA PATIR MOUZA and P.S. DHAKUAKHANA DIST- LAKHIMPUR ASSAM

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10:NIJARA PATIR D/O LT. MUKTI PATIR R/O VILL. NO.1 BOGORI UPPER P.O. BOKULGURI MOUZA- and P.S. DHAKUAKHANA DIST- LAKHIMPUR ASSAM

For the applicants : Mr. P. Mahanta, Advocate Ms. V. Khakhlary, Advocate For the respondents : Mr. N.N.B. Choudhury, Advocate For respondent Nos.7, 8 & 9

– B E F O R E –

HON’BLE THE CHIEF JUSTICE MR. VIJAY BISHNOI HON’BLE MR. JUSTICE N. UNNI KRISHNAN NAIR

10-04-2025

(Vijay Bishnoi, C.J.)

This interlocutory application is preferred on behalf of the applicants with the prayer to interfere with the order dated 24.01.2025, whereby the Child Development Project Officer (CDPO), Dhakuakhana has directed the applicants to join and perform their duties at the Anganwadi Centres indicated in the order dated 24.01.2025 itself.

The applicants have prayed for staying the operation of the above-referred order claiming that as a matter of fact, this Court vide order dated 25.11.2024 passed in I.A.(Civil) 3542/2024 in WA 327/2024 stayed the effect and operation of the order dated 25.10.2024 issued by the Child Development Project Officer, Dhakuakhana, whereby the applicants had been released from the duties of Anganwadi Worker and further directed that since the respondent Nos.7, 8 and 9 of the connected writ appeal (WA 327/2024) had been appointed in place of the applicants, their appointments may also not be disturbed and the CDPO, Dhakuakhana may assign them work at different Anganwadi Centre nearby to the

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Anganwadi Centre in question.

It is submitted that this Court has issued specific direction to adjust the respondent Nos.7, 8 and 9 of the writ appeal at different Anganwadi Centre nearby to the Anganwadi Centre in question but the respondent authority instead of assigning work to the respondent Nos.7, 8 and 9 at different Anganwadi Centre, has assigned duties to the applicant Nos.1, 2 and 3 at different Anganwadi Centres.

It is noticed that though the order impugned was passed on 24.01.2025 but till date, the applicants have not joined at the place where they were asked to discharge duties temporarily in terms of the order dated 25.11.2024 passed by this Court in I.A.(Civil) 3542/2024.

After attempting to argue the matter for quite some time, learned counsel for the applicants, on instruction, submits that he wants to withdraw this interlocutory application.

Taking into consideration the above submission made by the learned counsel for the applicants, this interlocutory application is dismissed as withdrawn.

The applicants are directed to join at the place where they have been assigned to discharge their duties by the impugned order dated 24.01.2025.

The respondents are directed to pay the honorarium to the applicants from the date of their joining at the place indicated in the order dated 24.01.2025.

JUDGE CHIEF JUSTICE

Comparing Assistant