High Court · 2012

Judgment

1. am AWC.

2. inmuka. Ful Nehar Begum Laskar (respondent no.8) as AWW at Centre No. 304 Nalugr Ruksana Khanam Laskar (respondent no.6) AWW at Cetnre No. 243 Buribail T

3. Saira Begum lascar (respondent no.9) AWH at Centre No. 304 Nalugram AWC. Rubi Nehar Barbhuiya (respondent no.7) AWH of centre 243 Buribail Tinmuk 4. a, If the Programme Officer pleased the above mentioned candidates may be engage d at the above mentioned AWC for proper implementation of ICDS scheme. (cid:29) The record also reveals that the Programme officer, Cachar put up a note address ed to ADC i/c Social Welfare cum chairman AWW Selection Committee which is as fo llows :- (cid:28)kindly refer to the above note of the CDPO, Salchapra and Hon’ble MLA’s letter at Flag-A and Flag-B regarding non-functioning of C/ No. 304 and C/ No. 243 unde r Salchapra ICDS Project and for which centres are not functioning and SNP could not implemented and thereby beneficiaries are deprived of benefit from the ICDS scheme. These two not be started during the last phase of operation due to some objection. Now as desiring by the LOCAL MLA and recommended by her perhaps, we may allow/engage temporarily the AWC by allowing the AWW/AWH as proposed by the CDPO for a period three months so far the flow of the ICDS scheme. Put up for pe rusal and guidance please. (cid:29)

Noticing the aforesaid facts stated in the counter affidavit, Mr. B.K. S arma, learned Standing Counsel, Social Welfare Department, was directed to produ ce the records. He has produced the records today. On perusal of the records, the above statements in the counter affidavit are found to be correct. The MLA, Borkhola LAC by her letter dated 17.12.2011 r ecommended appointments of four persons named in the letter for appointment as A nganwadi Workers and helpers in Centres No. 304 Nalugram and No. 243 Buribail Ti nmuka. The recommendation was made to the Deputy Commissioner of Cachar and prog ramme Officer, Divisional ICDS Cell, Cachar. Acting on the said recommendation, the CDPO requested the programme Officer, Cachar, to make the appointment. In ad dition to the same, two other persons were also recommended for appointment as A nganwadi Helper on the basis of the recommendation made by the said MLA. It appe ars that although the MLA’s recommended candidates have been appointed on tempor ary basis, but there is further recommendation for extension of their services a nd the responsible officers of the Social Welfare Department readily agreed to t he request of the political bosses. This is, how the Angnawadi Workers and Helpe rs are engaged in the Social Welfare Department. Mr. B.K. Sarma, learned Standing Counsel, Social Welfare Department, sub mits that the aforesaid appointments have been made on temporary basis and proce ss has been taken for regular appointment upon advertisement and selection etc. However, the fact of the matter is that appointments have been made in political consideration and the said MLA of Borkhola Constituency played the pivotal role . In view of the above, the writ petition is allowed directing the respond ents to make appointment of Anganwadi Workers and Helpers in the aforementioned centres strictly on the basis of selection from amongst the eligible candidates. It is also hereby directed that no further extension of the services of the pri vate respondents shall be granted as they were appointed purely on political con sideration and not on merit. It is really unfortunate that the responsible offic es of the Social Welfare Department without exercising their sound discretion an d acting on the principles of transparency and fair play in the matter of publi c appointment, yielded to the pressure of the politicians. In the process, they have deprived other eligible candidates waiting in the cue. Writ petition is allowed awarding a cost of Rs. 5000.00 (Rupees five tho usand) only to be borne by the Social Welfare Department. The amount shall be de posited with the Registry of this Court within 3 (three) weeks from today. Registry shall send a copy of this order to the Chief Secretary of the S tate who in turn shall place the matter before the Chief Minister of the State f or his appraisal of the style of functioning of the Social Welfare Department.