Ambia Khatun v. Hanifa Khatun and 5 Ors

PageoNo.#o1/6 GAHC010267482022 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oWA/32/2023o AMBLAoKHATUNo W/OoAKILoALI,oRESIDENToOFoVILLAGEoSARISHAKURIo(BIHARAoIV)oPOo BIHARAoBAZARA,oPSoKATIGORAH,oDISToCACHAR,oASSAM VERSUSo HANIFAoKHATUNoANDo5oORS.oAo W/OoHAFIZoAHMED,oVILL-oBIHARAoPARToIV,oP.O.oKATIGORAH,oDIST-o CACHAR,oASSAM,oPIN-788817 2:THEoSTATEoOFoASSAM oREP.oBYoTHEoCOMMISSIONERoANDoSECRETARYoTOoTHEoGOVToOFoASSAM oSOCIALoWELFAREoDEPTT oDISPUR oGUWAHATI-o781006 3:THEoDIRECTORoOFoSOCIALoWELFARE oASSAM oUJANBAZAR oGUWAHATI-o781001 4:THEoDEPUTYoCOMMISSIONER oCACHAR oP.O-oSILCHAR oDIST-oCACHAR oASSAM 5:THEoDISTRICToSOCIALoWELFAREoOFFICER oP.O-oSILCHAR oDIST-oCACHAR 6:THEoCHILDoDEVELOPMENToPROJECToOFFICER Page No.# 2/6 KALAIN INTEGRATED CHILD DEVELOPMENT PROJECT HILARA DIST-CACHAR ASSA Advocate for the Petitioner : MR. L R MAZUMDER Advocate for the Respondent : GA, ASSAM Linked Case : WA/386/2022 AMBIA KHATUN W/O AKIL ALI

VILL.- SARISHAKURI (BIHARA-IV) P.O.- BIHARA BAZARA P.S.- KATIGORAH DIST.- CACHAR (ASSAM). VERSUS HANIFA KHATUN AND 5 ORS. W/O HAFIZ AHMED VILL.- BIHARA-IV P.O.- BIHARA BAZARA P.S.- KATIGORAH DIST.- CACHAR (ASSAM) PIN-788817. 2:THE STATE OF ASSAM REP. BY THE COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM SOCIAL WELFARE DEPTT. DISPUR GUWAHATI-6. 3:THE DIRECTOR OF SOCIAL WELFARE ASSAM UZANBAZAR GUWAHATI-781001. 4:THE DEPUTY COMMISSIONER CACHAR P.O. AND P.S.- SILCHAR DIST.- CACHAR. Page No.# 3/6 5:THE DISTRICT SOCIAL WELFARE OFFICER CACHAR SILCHAR P.O.- SILCHAR DIST.- CACHAR PIN-781001. 6:THE CHILD DEVELOPMENT PROJECT OFFICER KALAIN INTEGRATED CHILD DEVELOPMENT PROJECT HILARA DIST. CACHAR ASSAM PIN-788815. ------------ Advocate for : MR. L R MAZUMDER Advocate for : GA ASSAM appearing for HANIFA KHATUN AND 5 ORS.

BEFORE HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE DEVASHIS BARUAH

15.06.2023 (D. Baruah, J)

Heard Mr. L. R. Mazumdar, the learned counsel for the appellant in both the appeals and Mr. K. A. Mazumdar the learned counsel appearing on behalf of the respondent No.1 as well as Ms. M. Bhattacharjee, the learned counsel appearing on behalf of the respondent Nos.2 to 6.

¶2Both the writ appeals are taken up for disposal together by this common order.

¶3Both the writ appeals have been filed assailing the common judgment and order dated 02.11.2022 passed in WP(C) No.3142/2018 and WP(C) No.2852/2018. Page No.# 4/6

¶4The learned Single Judge vide the judgment and order dated

02.11.2022 remanded the matter back to the Director of Social Welfare Department, Assam to proceed from the stage of taking the representation dated 30.09.2016 submitted by the appellant herein once again on board for consideration. The learned Single Judge observed that while taking up the same, both the parties involved, i.e. the appellant and the respondent No.1 herein should be put on prior notice and be afforded a reasonable opportunity of hearing including submission of supporting materials in support of their respective contentions. The Director of Social Welfare Department was also directed that before arriving at the findings regarding the residential status of the respondent No.1 herein shall consider and examine all such materials which are submitted by the parties before him and to take into consideration the prevailing eligibility criteria/norms, etc. at the time of publication of the Re-Advertisement dated 26.02.2010 and the then extant Government instructions on the subject. Liberty was further given to the Director of Social Welfare Department to call for a report from the concerned Revenue Authority (the Circle Officer/the Deputy Commissioner) before passing the speaking order. It was further observed that if the ultimate decision after consideration of the representation of the appellant herein by the Director of Social Welfare Department results in cancellation of engagement of the respondent No.1 as Anganwadi Helper at the Anganwadi Centre No. 167 of Isonabad Kandi, fresh recruitment process should be initiated for filling up of the post of Anganwadi Helper of the concerned Anganwadi Centre.

¶5Being aggrieved by the said directions, more particularly, that there should be a fresh recruitment, the instant writ appeals have been filed. Page No.# 5/6

¶6It reveals from the records that this court vide an order dated

21.04.2023 directed the State respondents to apprise this Court as regards the action taken by the Director of Social Welfare Department pursuant to the directions given in paragraph No.24 of the impugned judgment and order.

¶7Ms. M. Bhattacharjee, the learned counsel appearing on behalf of the respondent Nos.2 to 6 today placed on record an order dated 08.06.2023 issued by the Director of Women and Child Development, Assam.

¶8From a perusal of the said order, it reveals that both the appellant as well as the respondent No.1 herein were afforded due opportunity and the Director of Women and Child Development, thereupon taking note of the enquiry report submitted by Additional Deputy Commissioner, Cachar, regarding the residential status of the appellant as well as the respondent No.1 herein, came to a finding that both the appellant as well as the respondent No.1 herein belong to the same revenue village where the Anganwadi Centre is situated. It was further observed in the said order that as per the extant Government guidelines, both the appellant as well as the respondent No.1 herein were eligible to be selected as Anganwadi Helper. Further to that, it was observed that as in the merit list of Anganwadi Helper of 167 No. Anganwadi Centre under Kalain ICDS Project, the respondent No.1 was placed in the first position and the appellant was in the second position, a decision therefore, was arrived at to engage the respondent No.1 as Anganwadi Helper in 167 No. Anganwadi Centre under Kalain for which directions were issued to the CDPO, Kalain ICDS Project. The said order dated 08.06.2023 so submitted during the course of hearing is kept on record and marked with the letter Page No.# 6/6 "X".

¶9We are of the opinion that in view of the order dated 08.06.2023, as upon a fact finding exercise being carried out, the respondent No.1 had been found to be a resident of the locality where the. Anganwadi Centre is situated, nothing further survives in the instant appeals so filed by the appellant.

¶10In that view of the matter, both the appeals stand dismissed.

JUDGE CHIEF JUSTICE Comparing Assistant