Hasina Khatun v. The State of Assam and 3 Ors

ORDER

22.03.2023 Heard Mr. S. Z. B. Aklas, learned counsel for the petitioners. Also heard Mr. D. Nath, learned Senior Govt. Advocate, Assam appearing for the respondents in both the writ petitions. The petitioner No.1 in WP(C) No.47/2022 is serving as an Anganwadi Helper under 231 No. Goremari Gaon Uttar Madhya Anganwari Center and was ap-pointed on 23.12.2009, whereas the petitioner No.2 in WP(C) No.47/2022 was posted as an Anganwadi Helper under No.96 Duttakuchi 1 Anganwadi Center pursuant to her selection vide select list dated 12.11.2009. The petitioner in the other writ petition i.e. WP(C) No.66/2022 is serving as an Anganwadi Helper under No.90 Dabaliapara Anganwadi Center pursuant to her selection on12.11.2009. According to the petitioners, they are eligible for being considered for promo-tion/ upgradation to the post of Anganwadi Worker. However, the respondents have not considered their cases for upgradation. It is also the case of the peti-tioners that by issuing advertisement notice dated 17.11.2021 the respondents are proposing to fill up all the posts of Anganwadi Workers without considering the petitioners' claim for upgradation to the post of Anganwadi Worker. On instructions obtained by Mr. Nath, he submits that the petitioners are not holding any public office but the posts of Anganwadi Helper/ Anganwadi Workers are created under a scheme. Therefore, the question of promotion Page No.# 4/4 would not ordinarily arise. However, the Anganwadi Helpers can be upgraded as Anganwadi Workers subject to fulfilling the requirements of Government noti-fication dated 04.03.2013, which lays down the guidelines for doing so. According to Mr. Nath, the petitioners' cases can be considered for appointment/upgrada-tion as Anganwadi Workers in respect of any of the Anganwadi Centers falling within the same revenue village where they are serving. Since the advertisement notice dated 17.11.2021 pertaining to the Anganwadi Centers are outside the revenue village in which the petitioners are serving, they cannot claim any right in respect of any of those Anganwadi Centers. Mr. Aklas, learned counsel for the petitioners, has not disputed the afore-said proposition of Mr. Nath made on the basis of the notification dated

04.03.2013. If that be so, rest of the contentions of the petitioners' counsel would be irrelevant in this case. Having regard to the facts and circumstances of the case, both the writ petitions are being disposed of by directing the respondent authorities that as and when the process is initiated for filling up the post of Anganwadi Workers in any of the Anganwadi Centers within the revenue village in which the petitioners are serving, the cases of the respective petitioners for appointment/upgradation as Anganwadi Workers shall be considered in accordance with the guidelines laid down in the notification dated 04.03.2013. With the above observation, the writ petitions stand disposed of.

JUDGE

Comparing Assistant

PageoNo.#o1/4 GAHC010225802021 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWP(C)/47/2022o SOFIAoKHATUNoANDoANRo W/OoSHURUZoUDDINoAHMED,oRESIDENToOFoVILLAGEoGAREMARIoGAON,o POoGAREMARIoBAZAR,oPSoANDoDISToBARPETA,oASSAM,o781314 2:oMS.oBIMALAoKHATUN W/OoWAHABoALIo RESIDENToOFoVILLAGEoDUTTAKUCHI POoDHABALIAoPARA PSoHOWLY DISToBARPETA ASSAM 781316o VERSUSo THEoSTATEoOFoASSAMoANDo3oORSo REPRESENTEDoBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVT.o OFoASSAM,oDEPARTMENToOFoSOCIALoWELFARE,oDISPUR,oGUWAHATIo 781006 2:THEoDIRECTORoOFoSOCIALoWELFARE ASSAM UZANoBAZAR GUWAHATIo781001 ASSAM 3:THEoDISTRICToSOCIALoWELFAREoOFFICER BARPETA ASSAMo781301 4:THEoCHILDoDEVELOPMENToPROJECToOFFICERo(CDPO) BHAWANIPURoINTEGRATEDoCHILDoDEVELOPMENToOFFICER Page No.# 2/4 PO AND PS HOWLY DIST BARPETA ASSAM 781316 Advocate for the Petitioner : MR. M A SHEIKH Advocate for the Respondent : GA, ASSAM Linked Case : WP(C)/66/2022 HASINA KHATUN W/O- ABUL HUSSAIN R/O- VILLAGE AND P.O- DABALIPARA P.S- HOWLY DIST- BARPETA ASSAM 781316 VERSUS THE STATE OF ASSAM AND 3 ORS REP BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF SOCIAL WELFARE DISPUR GUWAHATI-781006 2:THE DIRECTOR OF SOCIAL WELFARE ASSAM UZANBAZAR GUWAHATI-781001 ASSAM 3:THE DISTRICT SOCIAL WELFARE OFFICER BARPETA DISTRICT P.O AND P.S- BARPETA ASSAM PIN- 781301 4:THE CHILD DEVELOPMENT PROJECT OFFICER (CDPO) BHAWANIPUR INTEGRATED CHILD DEVELOPMENT OFFICER P.O AND P.S HOWLY DIST- BARPETA ASSAM PIN-781316 Page No.# 3/4 ------------ Advocate for : MR. M A SHEIKH Advocate for : GA ASSAM appearing for THE STATE OF ASSAM AND 3 ORS BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM