Kadambari Lenka Vs State — Orissa HC (2024) — LawSathi Research

Kadambari Lenka Vs State — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty granted to the Petitioner in W.P.(C) No.11925/2014 to apply pursuant to fresh selection for the post of Anganwadi worker of Changua Centre, along with appropriate age relaxation in case she applies pursuant to the fresh selection process.

Issue for consideration

Whether anything remained to be decided in the two writ petitions challenging the order dated 30.5.2014 passed by the Collector, Bhadrak relating to selection of an Anganwadi worker, given the lapse of the selected candidate's term.

Court's answer

Nothing further remains to be decided in W.P.(C) No.11893/2014, as the Petitioner therein, apart from completing her term of 5 years as Anganwadi worker, has also attained the age of 62 years, the age of retirement for Anganwadi workers.

Ratio / Principle

Nothing remains to be decided in W.P.(C) No.11925/2014 either, since the term of the selected candidate is over and fresh selection is to be made as per the existing guidelines, which is what the Collector had directed in the impugned order; that writ petition has become infructuous by efflux of time.

Key takeaways

Both the Writ Petitions are disposed of as infructuous, with liberty granted to the Petitioner in W.P.(C) No.11925/2014 to apply pursuant to fresh selection for the post of Anganwadi worker of Changua Centre; since she bonafide prosecuted the Writ Petition since 1.7.2014 and has in the meantime crossed the maximum age prescribed for selection of Anganwadi workers, appropriate age relaxation shall be granted to her if she applies pursuant to the fresh selection process.ratio¶15

Detailed headnote1 paragraphs

Writ Petitions (W.P.(C) Nos.11925 & 11893 of 2014, High Court of Orissa at Cuttack, Sashikanta Mishra, J., order dated 13.5.2024) challenging the Collector, Bhadrak's order dated 30.5.2014 relating to selection of an Anganwadi worker were heard together and disposed of as infructuous. The Petitioner in W.P.(C) No.11893/2014 (Amiyabala Nayak) had been selected as Anganwadi worker for five years, joined pursuant to appointment letter 23.3.2001, completed her term and attained the retirement age of 62 years, so nothing further remained to be decided in her petition. Her selection had earlier been challenged by the Petitioner in W.P.(C) No.11925/2014 (Kadambari Lenka) in W.P.(C) No.20995/2013, following which the Collector found no error in the selection and held that fresh applications should be invited after 5 years; with the selected candidate's term over, the second writ petition also became infructuous by efflux of time. Liberty was granted to the Petitioner in W.P.(C) No.11925/2014 to apply pursuant to fresh selection for the post of Anganwadi worker of Changua Centre, with appropriate age relaxation, as she had bonafide prosecuted the writ petition since 1.7.2014 and had crossed the maximum age prescribed for selection of Anganwadi workers.

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) Nos.11925 & 11893 of 2014

In W.P.(C) No.11925/2014

*Kadambari Lenka*	.....	*Petitioner*
		Represented by Adv. – Mr. A. Swain
	-versus-
*State of Odisha and others*	.....	*Opposite Parties*
		Represented by Adv. A.G.A.
In W.P.(C) No.11893/2014
*Amiyabala Nayak*	.....	*Petitioner*
		Represented by Adv. – Mr. D.R.Rath
	-versus-
*State of Odisha and others*	.....	*Opposite Parties*
		Represented by Adv. A.G.A.
	CORAM:

THE HON'BLE MR. JUSTICE SASHIKANTA MISHRA

ORDER 13.5.2024. Order No. 1. This matter is taken up through hybrid mode.

Page 1 of 3

// 2 //

In both the Writ Petitions, the order dated 30.5.2014 passed by the Collector, Bhadrak, is under challenge for which both the applications were heard together.

It is seen that the Petitioner in W.P.(C) No.11893/2014 was selected as Anganwadi worker for a period of 5 years. Such selection being challenged by the Petitioner in W.P.(C) No.11925/2014 before this Court in W.P.(C) No.20995/2013, this Court directed the Collector, Bhadrak to consider the representation to be submitted by said Petitioner and to pass appropriate orders. Pursuant to such order, the Collector found no error in the selection and held that fresh applications should be invited to select a candidate in accordance with guidelines after 5 years.

It is borne out from the record that in view of her selection as Anganwadi worker, the Petitioner in W.P.(C) No.11893/2014 joined as such pursuant to appointment letter 23.3.2001 and continued thereafter till completion of her term of 5 years. The operation of the impugned order was stayed by virtue of interim orders passed by this Court in both the Writ Petitions. In the meantime, the Petitioner in W.P.(C) No.11893/2014, apart from completing her term of 5 years as Anganwadi worker has also attained the age of 62 years, which is the age of retirement for Anganwadi workers. As such, nothing further remains to be decided in the Writ Petition filed by her.

Page 2 of 3

// 3 //

Such being the factual positon, nothing also remains to be decided in the other Writ Petition inasmuch as the term of the selected candidate being over, fresh selection is to be made as per the existing guidelines, which is what the Collector had directed in the impugned order. In such view of the matter W.P.(C) No.11925/2014 has also become infructuous by efflux of time.

Both the Writ Petitions are therefore, disposed of as infructuous with liberty granted to the Petitioner in W.P.(C) No.11925/2014 to apply pursuant to fresh selection being made for the post of Anganwadi worker of Changua Centre. Since the Petitioner was bonafide prosecuting the Writ Petition since 1.7.2014 and has, in the meantime crossed the maximum age prescribed for selection of Anganwadi workers, appropriate age relaxation shall also be granted to her in case she applies pursuant to the fresh selection process.

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

(Sashikanta Mishra) AKB Judge

Signature Not Verified

Digitally Signed Signed by: ASHOK KUMAR BEHERA Designation: Addl. Deputy Registrar-cum-Addl. Principal Secretary Reason: Authentication Location: High Court of Orissa, Cuttack Date: 15-May-2024 11:25:11

Page 3 of 3