Disposed

Susama Patel v. Collector,Sundargarh

Orissa HC19 Aug 2015WP(C)/14631/2015

Case brief

AI extract

What is this about?

The Court disposed of a writ petition where the petitioner, an Anganwadi Helper of 16 years, applied for a vacant Anganwadi Worker post. The Sub-Collector failed to decide on her filed representation. The Court directed the Sub-Collector to decide both on the vacancy filling and the petitioner's candidature within four weeks.

What did the court decide?

Directed the Sub-Collector to decide on filling the post and considering the petitioner's candidature within four weeks.

It is a case where the post of Anganwadi Worker is vacant after death of Munu Oram. The petitioner who is said to have been working as Anganwadi Helper in another Anganwa di centre being Helper since last 16 years. After the death of the Anganwadi Worker of Jhulend ihi Anganwadi centre, the petitioner has made application for consideration of her candidature as Anganwadi Worker for Jhulendihi Anganwadi centre.

The said representation has duly been forwarded by the C.D.P.O. before the Sub-Collect or way back on 18.11.2014 (Annexure-4) but no decision has yet been taken. Further case of the petitioner is that in the month of April, 2015 also the C.D.P.O. h as sought for clarification regarding representation of the petitioner for her engagement as A nganwadi Worker but no decision/clarification has yet been given by the Sub-Collector.

Thus the contention of the petitioner is that being working as Anganwadi Helper for la st 16 years in nearby Anganwadi centre, she is fit to be considered for engagement as Anganwad i Worker for Jhulendihi Anganwadi centre and to that effect, representation has been filed, th e same has been forwarded by the C.D.P.O. before the Sub-Collector but no decision has been ta ken

in spite of lapse of reasonable period hence she is before this Court. Learned counsel for the opposite party-State has fairly submitted that the Sub-Collect or ought to have decided the claim of the petitioner by taking decision considering the fact t hat Anganwadi centre shall not be kept vacant for want of Anganwadi Worker. Heard the parties and perused the documents on record.

On perusal of the pleadings and the arguments advanced on behalf of the parties, it is apparent that the petitioner has approached before the C.D.P.O. for consideration of her cand idature, the C.D.P.O. has forwarded the representation before the Sub-Collector but the Sub-Co llector is sitting tight over the matter since no decision has yet been taken.

It is settled that if any representation or any application is being filed by any aggr ieved party, the authority before whom same has been filed, is duty bound to take decision eit her ways but the Sub-Collector is not giving any clarification asked for by the C.D.P.O. regar ding rejecting or allowing the grievance of the petitioner which is a matter of serious concer n.

It seems that the Anganwadi centre is also not properly functioning from long period d ue to death of the Anganwadi Worker due to that reason the benefits which is to be extended to the beneficiaries in that centre is

In that view of the matter, the writ petition is disposed of directing the opposite pa rty no.2-Sub-Collector to take decision regarding filling up the post of Anganwadi Worker for Jhulendihi Anganwadi centre simultaneously take decision with respect to consideration of cand idature of the petitioner.

It is expected that decision in this regard shall be taken within four weeks from the date of receipt of certified copy of this order which shall be presented by the petitioner wit hin a week from its receipt.

Susama Patel v. Collector,Sundargarh

Case brief

What is this about?

What did the court decide?

Susama Patel v. Collector,Sundargarh

Case brief

What is this about?

What did the court decide?

What the court decided

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