Anowara Khatun v. The State of Assam and 8 Ors

ORDER

02.09.2024

¶1Heard Mr. A.R. Sikdar, learned counsel for the petitioner and Mr. A. Chakraborty, learned State Counsel for the respondent nos.1 to 5. None appears for the respondent nos. 6 to 9.

¶2Having regard to the nature of the case projected by the petitioner and the submission made by the learned counsel Mr. A.R. Sikdar, the writ petition is taken up for disposal at this stage.

¶3The case of the petitioner is that she was appointed as Anganwadi Worker in Mubarak Basti No.2 Anganwadi Centre No.290, Village-Mubarak Basti, P.O. Nilbagan in the District of Hojai, Assam on 01.02.2011. After being appointed as such, the petitioner was working in the said Anganwadi Centre but subsequently she was not allowed to work in the said centre on account of certain complaints submitted against her and her salary has not been paid since December, 2016. The petitioner therefore submitted a representation before the Director, Social Welfare Department on 24.04.2017. But as the same has not been considered and dispose of, the petitioner has filed the instant writ petition.

¶4Mr. A. Chakraborty, learned counsel for the official respondents submits that counter affidavit has been filed by the CDPO (respondent no.3) and as per the stand taken therein, the petitioner has made a claim for salaries for which she has not rendered her service and therefore, according to the respondents there is no question of paying the petitioner salaries for the work not rendered. Page No.# 4/4

¶5Mr. A.R. Sikdar, leaned counsel however submits that no order has been passed by the respondent authorities disposing the representation submitted by the petitioner and therefore submits that the petitioner may be allowed to submit a fresh representation before the respondent no.2 incorporating her grievance and the said respondents may be directed to dispose of the same within a timeframe.

¶6Mr. A. Chakraborty, learned State Counsel has no objection to the prayer.

¶7In view of the above, the writ petition is disposed of with a direction to the petitioner to file a fresh representation to the respondent no.2 within a period of 2 (two) weeks from today. In the event, such representation is submitted by the petitioner to the respondent no.2, the respondent no.2 shall consider the same and dispose of the representation within a period of 6 (six) weeks from the date of receipt of the representation.

¶8The writ petition is accordingly disposed of.

JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010039662017 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/5619/2017o ANOWARAoKHATUNo W/OoABDULoKARIMoR/OoVILL-oMOBARAKoBASTIoP.O.oNILBAGAN,oPS..o MURAJHAR,oDIST.oHOJAI,oASSAM. VERSUSo THEoSTATEoOFoASSAMoando8oORS.o REP.oBoTHEoSOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DEPARTMENToOFoSOCIALoWELFARE,oDISPUR,oGUWAHATI-6. 2:THEoDIRECTORoOFoSOCIALoWELFARE oBALBHAWAN oUZANoBAZAR oGUWAHATIo-1. 3:THEoCHILDoDEVELOPMENToPROJECToOFFICER oJUGIJANoICDSoPROJECT oP.O.oNILBAGAN oDIST.oHOJAI oASSAM oPINo-o782445. 4:THEoDEPUTYoCOMMISSIONER oHOJAI oP.O.oandoDIST.oHOJAI oASSAM 5:THEoSUPERVISOR Page No.# 2/4 MUBARAK BASTI NO. 2 ANGANWADI CENTRE C/O CDPO JUGIJAN ICDS PROJECT P.O. NILBAGAN DIST. HOJAI ASSAM PIN - 782445. 6:THE MANAGING COMMITTEE OF THE MOBARAK BASTI NO. 2 ANGANWADI CENTRE NO. 290 REP. BY ITS PRESIDENT VILL- MOBARAK BASTI P.O. NILBAGAN DIST. HOJAI ASSAM PIN - 782445. 7:SAHABUDDIN S/O LATE MUJID ALI R/O MUBARAK BASTI P.O- NILBAGAN DIST- HOJAI ASSAM. 8:RUHUL JANNA D/O SAHABUDDIN R/O MUBARAK BASTI P.O- NILBAGAN DIST- HOJAI ASSAM. 9:RUSNA BEGUM C/O SAHABUDDIN ANAGNWADI HELPER MUBARAK BASTI NO. 2 ANGANWADI CENTRE P.O- NILBAGAN DIST- HOJAI ASSAM Advocate for the Petitioner : MR.A R SIKDAR, MR.A ALI,MR.M H TALUKDAR Advocate for the Respondent : , ,GA, ASSAM(R1-4) Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE NELSON SAILO