Disposed

Manjulata Mallik v. Collector and Dist.Magistrate, Balasore

Orissa HC15 May 2024WP(C)/5338/2024

Case brief

AI extract

What is this about?

The Court held that an alternative efficacious remedy, specifically a second appeal under Revised Guidelines, is available to the petitioner against her disengagement. Consequently, the writ petition was disposed of without entertaining the plea for quashing, with liberty granted to file the second appeal.

What did the court decide?

Disposed granting liberty to prefer second appeal before appropriate authority within two weeks.

Manjulata Mallik Vs Collector and… — Pension and Retirement Benefits | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 5338 of 2024

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Manjulata Mallik …. Petitioner

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Represented by Mr. M.K. Mishra, Advocate

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-Versus –

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Collector and District Magistrate, …. Balasore and Others

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Opposite Parties

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Represented by Mr. A.R. Dash, AGA

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CORAM:

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JUSTICE SASHIKANTA MISHRA

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ORDER_ 15.05.2024

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Order No. 14.

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This matter is taken up through hybrid mode.

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Mr. A.R. Dash, learned Addl. Government Advocate submits

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that the information sought for has not been received. In view of the order passed on the last occasion, the matter is taken up for hearing on the basis of available pleadings without waiting for further instructions from the State Counsel.

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The petitioner has approached this Court with the following

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prayer:-

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Under the facts and circumstances as narrated above, this Hon'ble Court may graciously be pleased to issue notice to the Opp. Parties and after hearing the parties, be pleased to quash the order dated 02.02.2024 under Annexure- 9 passed by the opposite party no. 1 and further direct the opp. parties no. 1 and 2 to re-engage the petitioner as Anganwadi Worker.

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AND/OR

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Page 1 of 3

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Pass any other order/orders as this Hon'ble Court deems fit and proper;

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And for which act of kindness, the humble petitioners as in duty bound shall ever pray.”

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The case of the petitioner is that she was appointed as Aganwadi worker of Dhobasali Anganwadi center (Odia Sahi) in the district of Balasore. On the basis of an FIR lodged on 02.01.2023 in the Nilagiri Police Station against the petitioner for withdrawal of government money by forging signature of ward members, a show cause notice was also issued to which she replied. However, by order dated 15.05.2023, passed by the Sub-Collector, Nilagiri, she was disengaged. She filed an Appeal being Anganwadi Appeal No. 16 of 2023 before the Collector, Balasore. Said appeal was dismissed vide order dated 02.02.2024. In course of hearing, it is brought to the notice of this Court that remedy of second appeal is available to the petitioner against the impugned order as per paragraph-10(d) of the Revised Guidelines for selection of Anganwadi Workers/Mini Anganwadi Workers/Anganwadi Helper of the Government in Department of Women and Child Development dated 15.03.2023. Since alternative efficacious remedy is available to the petitioner against the impugned order, this Court is not inclined to entertain this application.

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The writ petition is disposed of granting liberty to the petitioner to prefer second appeal before the appropriate authority within two weeks from today. If such appeal is filed along with a petition for condonation of delay, the same shall be admitted condoning the delay in view of the fact that the petitioner had approached this Court bonafide against the impugned order within

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Page 2 of 3

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the prescribed period. Further, the appeal so filed shall be disposed of in accordance with law after granting opportunity of hearing to all concerned within two months thereafter.

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Original copies of Annexures 7 and 9 be returned to learned counsel for the petitioner being substituted by xerox copies.

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The writ petition is disposed of accordingly.

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( Sashikanta Mishra) Judge

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B.C. Tudu

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Signature Not Verified

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Digitally Signed Signed by: BHIGAL CHANDRA TUDU Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 17-May-2024 13:03:47

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Manjulata Mallik v. Collector and Dist.Magistrate, Balasore

Case brief

What is this about?

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Manjulata Mallik v. Collector and Dist.Magistrate, Balasore

Case brief

What is this about?

What did the court decide?

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