Disposed

Gitanjali Nayak v. Sub-Collector,K.Para

Orissa HC18 Jul 2023WP(C)/2369/2014

Case brief

AI extract

What is this about?

Petitioner challenged inaction of authorities in conducting fresh selection for an Anganwadi Worker post as per a prior 2009 order setting aside a flawed selection. Court directed authorities to comply within three months.

What did the court decide?

Direct opposite parties to comply with the order dated 02.02.2009 within three months of producing the authenticated copy of this order.

Gitanjali Nayak Vs Sub-Collector,K.Para — Service and Employment | Orissa HC (2023)

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Signature Not Verified

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Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 05-Aug-2023 21:36:00

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) NO. 2369 OF 2014

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Gitanjali Nayak

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…. Petitioner

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Mr.Aurovinda Mohanty ,Adv. -versus-

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…. Sub-Collector-CUM-Appellate Opp.Parties Authority, Kendrapara & Mr.G.R.Mohapatra,ASC another CORAM: DR. JUSTICE S.K. PANIGRAHI Order ORDER No. 18.07.2023 04 1 . This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the petitioner and learned counsel for the State. 3. The petitioner has filed this writ petition challenging the inaction of the opposite parties in not doing selection afresh of Gopei Brahman Sasan Anganwadi Centre under ICDS, Marshaghai as per the order of the Hon’ble Court dated 02.02.2009. 4. Learned counsel for the petitioner submits that the dispute in this writ petition is with regard to selection

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Page 1 of 3

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// 2 //

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Signature Not Verified

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Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 05-Aug-2023 21:36:00

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a nd engagement of Anganwadi Worker for Gopei Brahman Sasan Anganwadi Centre in the district of Kendrapara. The petitioner and others applied or the said post pursuant to a notification issued by the opposite parties. After the selection process was over one Nayan Samal was selected and engaged as Anganwadi Worker in Gopei Brahman Sasan Anganwadi Centre. But her selection was challenged on

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the ground that neither any selection committee was constituted nor any procedure for selection was followed for selecting the Anganwadi Worker of the aforesaid Centre which was evidenced by the letter of the C.D.P.O, Marshaghai vide No. 204 dated 11.04.2008 Hence, the Selection was ordered to be set aside in W.P(C) No. 12484 of 2008 and the matter was remitted back to the authorities for fresh selection after constituting a selection Committee. But, the said order dated 02.02.2009 passed in W.P.(C) No. 12484 of 2008 has not been complied by the opposite parties till date.

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5. It is settled principle of law that once the process of selection is declared as bad and contrary to the existing rules or guidelines, then the engagee has no rights to claim and continue in the said post. In the instant case in

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// 3 //

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Signature Not Verified

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Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court,Cuttack Date: 05-Aug-2023 21:36:00

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s pite of the setting aside the selection of Nayana Samal as Anganwadi Worker vide order dated, 02.02.2009 she still continued in the said post.

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6 . In such view of the matter let the opposite parties/authority to comply with the order dated 02.02.2009 passed in W.P.(C) No. 12484 of 2008 within a period of three months from the date of production of authenticated/ certified copy of this order by the petitioner.

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7. With the aforesaid observation, the writ petition is

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accordingly disposed of.

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8. Issue urgent certified copy of the order as per Rules.

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(Dr. S.K. Panigrahi)
Judge

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Gitanjali Nayak v. Sub-Collector,K.Para

Case brief

What is this about?

What did the court decide?

Gitanjali Nayak v. Sub-Collector,K.Para

Case brief

What is this about?

What did the court decide?

What the court decided

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