Single judge dismissed the writ petition seeking appointment as an anganwadi helper, holding that the post was already filled by the Gram Mahila Sabha through a procedure compliant with government guidelines.
Direction to the opposite party to give appointment is declined; writ petition dismissed.
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W.P.(C) No. 7506 of 2012
Perused the record.
The petitioner has filed this application seeking direction to opposite party no.4 to give her appointment as anganwadi helper in Subudhipada anganwadi centre in the district of Puri.
The petitioner has pleaded in the writ petition that she being eligible candidate, she should have given engagement order as anganwadi helper. The same having not been done, the petitioner has approached this Court by filing the present application.
Pursuant to notice issued by this Court on 04.05.2012, opposite party nos.2 and 4 filed counter affidavit wherein it has been specifically stated that the post of anganwadi helper in Subudhipada anganwadi centre under Sahajapur Gram Panchayat has already been filled up and one Sasmita Swain has been appointed as anganwadi helper and she has taken over the charge on 12.04.2012. As such, the said engagement order has been issued by following due procedure as envisaged under government guideline and notification dated 21.12.2009. As per such guideline, notice has been published for selection of anganwadi helper fixing 27.01.2010 for meeting of Gram Mahila Sabha to select the candidate for the post of anganwadi helper in presence of Lady Supervisor. On the said date, the resolution for selection of candidate to the post of anganwadi helper could not yield due to disturbances. Subsequently, fresh notice
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was issued on 02.04.2012 fixing 11.04.2012 to have the Gram Mahila Sabha. Accordingly, as per the scheduled time and date, i.e., 11.04.2012, the meeting was held at Radhakanta Mandir in presence of Lady Supervisor of ICDS, Pipili and the angawadi worker of Subudhipada anganwadi centre. In the said meeting, the Mahila Sabha, selected one Sasmita Swain, who is an inhabitant of Subudhipada village as anganwadi helper. Consequentially, the engagement order was issued in her favour on 11.04.2012 and pursuant to which she joined on 12.04.2012.
Considering the pleading available on record, since the selection of Sasmita Swain as anganwadi helper has been by following due procedure as per guidelines issued by the government from time to time and the Mahila Sabha unequivocally suggested the name of Sasmita Swain and pursuant to which necessary engagement order has been issued and she is continuing in the said post, this Court is not inclined to entertain this writ application.
Accordingly, the writ petition merits no consideration and thus the same is dismissed.
Ashok
…………….…………… (DR. B.R. SARANGI) JUDGE
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2 issues framed by the court
Whether the writ court should entertain the petition for direction to appoint the petitioner as anganwadi helper when the post was already filled by the Gram Mahila Sabha.
Whether the selection process conducted by the Gram Mahila Sabha followed the government guidelines.
the petitioner
opposite party no.4
B.R. Sarangi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
