Allowed

Sukanta Shee v. Adm,Balasore

Orissa HC4 Sept 2023WP(C)/13848/2012

Case brief

AI extract

What is this about?

The High Court of Orissa allowed the writ petition challenging the cancellation of the petitioner's selection for an Anganwadi Helper post. The Court set aside the orders of the Sub-Collector and Additional District Magistrate, noting the petitioner had the maximum support from village Mahila Members.

What did the court decide?

The orders dated 09.05.2012 and 03.07.2012 were set aside, and the petitioner was not to be disturbed in continuing in the post of Anganwadi Helper.

Sukanta Shee Vs Adm,Balasore — Service and Employment | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.13848 of 2012

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Sukanti Shee alias Parida

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…. Petitioner

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Mr. Prasanta Ku. Mohanty-2, Adv.

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-versus-

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…. Additional District Magistrate, Opposite Parties Balasore and Ors.

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Mr. Ch. Satyajit Mishra, AGA Mr. S.K. Swain, Adv. (for O.P.4)

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CORAM: DR. JUSTICE S.K. PANIGRAHI

Order No.

ORDER

04.09.2023

1 . This matter is taken up through hybrid arrangement.

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2 . In this Writ Petition, the Petitioner challenges the order

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dated 09.05.2012 under Annexure-3 passed by the Opposite Party No.2/ Sub-Collector, Balasore in S.S.W. Misc. Case No.127 of 2010 and the order dated 03.07.2012 under Annexure-5 passed by the Opposite Party No.1/Additional District Magistrate, Balasore in A. Appeal No.7 of 2012.

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3 . Heard learned counsel for the Parties.

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4 . The fact of the case is that the Petitioner and four

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others had applied for the post of Anganwadi Helper in Ranikhudi-2 Anganwadi Centre. On the date of selection i.e. on 18.12.2010, two numbers of candidates had

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Signature Not Verified

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Page 1 of 8

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 08-Sep-2023 13:50:04

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// 2 //

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withdrawn their candidatures out of total five (5) numbers of contesting candidates for the post of Anganwadi Helper.

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5 . A Mahila Sabha was held on 18.12.2010 as per the public notice in presence of the Opposite Party No.3/ Child Development Project Officer, Baliapal, DistrictBalasore, Anganwadi Worker, H.W.(F) and the village Mahila Members for selection of Anganwadi Helper. In the said Mahila Sabha, the Mahila Members had supported their candidates.

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6 . The Petitioner was supported by 60 Mahila Members, the Opposite Party No.4 was supported by 58 Mahila Members and one Besanti Behera was supported by 3 Mahila Members. Since the Petitioner was supported by

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the highest Mahila Members, she was selected for the post of Anganwadi Helper of Ranikhudi-2 Anganwadi Centre.

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7 . Pursuant to the said selection in Mahila Sabha dated 18.12.2010, engagement order was issued in favour of the Petitioner by the Opposite Party No.3/ Child Development Project Officer, Baliapal, District- Balasore on 23.12.2010.

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8 . Being aggrieved, the Opposite Party No.4 filed S.S.W. Misc. Case No.127 of 2010 before the Opposite Party

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Page 2 of 8

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 08-Sep-2023 13:50:04

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No.2/ Sub-Collector, Balasore seeking cancelation of selection of the present Petitioner and her appointment in the post of Helper in Ranikhudi-2 Anganwadi Centre.

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9 . Notice was issued to the present Petitioner in the aforesaid case and she appeared before the Opposite Party No.2/ Sub-Collector, Balasore through her lawyer. The Opposite Party No.2/ Sub-Collector, Balasore after hearing both the parties, passed the order dated 09.05.2012 allowing the prayer of the Opposite Party No.4 on the ground that in the proceedings of Mahila Sabha held on 18.12.2010, the village Mahila Members had not signed on the body of the said proceeding, on the other hand, the C.D.PO., Anganwadi Worker had signed. The Opposite Party No.2/ Sub-Collector, Balasore further observed that the same was manufactured one and far from reality.

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10 . Being aggrieved by the said order dated 09.05.2012 passed by the Opposite Party No.2/ Sub-Collector, Balasore, the present Petitioner had preferred A. Appeal No.7 of 2012 before the Opposite Party No.1/ Additional District Magistrate, Balasore seeking for setting aside the order dated 09.05.2012 under Annexure-3 passed by the Opposite Party No.2/ Sub-Collector, Balasore in S.S.W. Misc. Case No.127 of 2010. The Opposite Party No.1/

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Signature Not Verified

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Page 3 of 8

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 08-Sep-2023 13:50:04

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Additional District Magistrate, Balasore vide order dated 03.07.2012 under Annexure-5 dismissed the appeal filed by the Petitioner observing that the Appellant/ Petitioner had not filed any document/Guidelines showing that the Opposite Party No.1/ Additional District Magistrate, Balasore is the competent Authority to adjudicate the appeal . It was further observed that as per Government in Women and Child Development Department Letter No.4842/ WCD dated 02.03.2010, the Additional District Magistrate is the Appellate Authority for haring complaints regarding selection of Anganwadi Workers but no such power has been vested in the matter of selection of Anganwadi Helper . Hence, this Writ Petition.

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11 . Learned counsel for the Petitioner submits that the findings of the Opposite Party No.2/ Sub-Collector, Balasore to the effect that the village Mahila Members had not signed on the body of the proceedings is not correct in view of the fact that the copy of the entire proceeding obtained under the R.T.I. Act by the Petitioner shows that the Petitioner had got support by 60 numbers of Mahila Members, whereas the Opposite Party No.4 had obtained the support of 58 numbers of Mahila Members in the village Mahila Sabha.

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Page 4 of 8

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 08-Sep-2023 13:50:04

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12 . He further submits that when the Selection

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Committee hold in the Mahila Sabha on 18.12.2010 and 60 numbers of Village Mahila Members had supported the Petitioner to be the Anganwadi Helper and also they had signed in the said Mahila Sabha Proceedings which is clearly evident from Annexure-1 obtained under the R.T.I. Act by the Petitioner, but the Opposite Party No.2/ Sub-Collector, Balasore in an arbitrary manner, without calling for the entire record sans proper verification held that village Mahila Members had not signed on the body of the said proceedings. Such findings of the Opposite Party No.2/ Sub-Collector, Balasore is illegal and is liable to be set aside.

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13 . It is also submitted that the Petitioner being selected by a properly constituted Selection Committee, by following the proper procedure and got the engagement order. But, the Opposite Party No.2 in a lackadaisical manner held that the Mahila Sabha held on 18.12.2010 is manufactured one. Hence, the same is liable to be set aside.

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14 . In addition, it is further submitted that the Opposite Party No.1/ Additional District Magistrate, Balasore also in an whimsical manner passed the order dated 03.07.2012 under Annexure-5 observing that he has no

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Page 5 of 8

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 08-Sep-2023 13:50:04

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jurisdiction to entertain the Appeal against the order of the Sub-Collector with regard to selection of Anganwadi Helper. Therefore, learned counsel for the Petitioner contends that the orders under Annexures-3 and 5 are liable to be quashed/set aside.

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15 . Learned counsel for the State vehemently opposes the prayer made by the Petitioner. He submits that there is no cogent reason to interfere with the order dated 09.05.2012 under Annexure-3 passed by the Opposite Party No.2/ Sub-Collector, Balasore in S.S.W. Misc. Case No.127 of 2010 and the order dated 03.07.2012 under Annexure-5 passed by the Opposite Party No.1/Additional District Magistrate, Balasore in A. Appeal No.7 of 2012. He, therefore, contends that this Writ Petition should be dismissed.

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16. Upon perusal of records it appears that the Petitioner had applied for the entire proceedings of selection in Mahila Sabha along with the signatures of Mahila Members, who had signed in support of their candidates under the R.T.I. Act and obtained the same. The copy of the Proceedings was issued by the Public Information Officer, ICDS, Baliapal under the R.T.I. Act which shows that the Petitioner had got support by 60 numbers of Mahila Members, whereas the Opposite Party No.4 had

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Page 6 of 8

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 08-Sep-2023 13:50:04

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got support by 58 numbers of Mahila Members and the third remaining contestant had obtained the support of only three Mahila Members in the village Mahila Sabha. Based on the highest support by Mahila Members in favour of the Petitioner, she was selected for the post of Anganwadi Helper of Ranikhudi-2 Angaanwadi Centre. 17 . Therefore, having considered the rival contentions made by the learned counsel for the Parties and on applying the judicious mind of the Court, and after perusing the material available on records so also taking into account the period of service rendered by the present Petitioner, this Court is of the view that the Petitioner has made out a good case before this Court.

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18. In view of the above, this Writ Petition is allowed. The order dated 09.05.2012 under Annexure-3 passed by the Opposite Party No.2/ Sub-Collector, Balasore in S.S.W. Misc. Case No.127 of 2010 and the order dated 03.07.2012 under Annexure-5 passed by the Opposite Party No.1/Additional District Magistrate, Balasore in A.Appeal No.7 of 2012 are set aside.

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19. Needless to say that the Petitioner shall not be disturbed to continue in the post of Anganwadi Helper in Ranikhudi-2 Anganwadi Centre as has been stated that the Petitioner is now continuing in the said post.

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Page 7 of 8

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 08-Sep-2023 13:50:04

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20. Accordingly, this Writ Petition is disposed of.

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21 . Urgent certified copy of this order be granted on proper application.

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( Dr. S.K. Panigrahi)

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Judge

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B.Jhankar

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Signature Not Verified

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Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUT TACK Date: 08-Sep-2023 13:50:04

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Sukanta Shee v. Adm,Balasore

Case brief

What is this about?

What did the court decide?

Sukanta Shee v. Adm,Balasore

Case brief

What is this about?

What did the court decide?

What the court decided

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