High Court · 2012

Heard Mr. R.P. Sarma, learned Sr. counsel alongwith Mr. S.C. Biswas, lea rned counsel appearing for the petitioners. I have also heard Mr. U. K. Das, lea rned SC, SWD. The grievance raised in these writ petitions being one and the same, the y have been heard together and are being disposed of by this common order. The petitioners who have been appointed as Angawadi Worker and Helper in various Anganwadi Centres under Tezpur (Urban) ICDS project, are aggrieved by n on payment of their honorarium w.e.f. 15.12.2009. According to them, they having been appointed pursuant to a selection, they are entitled to monthly honorarium . That with regard to the statements made in the paragraph 5 and 6 of the The respondents have filed their counter affidavit in which it has been stated that the then CDPO, Tezpur (Urban) ICDS project conducted the selection i n a most illegal manner and accordingly, she had been placed under suspension b y order dated 20.02.2012. In W.P.(C) No. 2046/2010, the Commissioner & Secretary , Social Welfare Department, Govt. of Assam has filed an affidavit in oppositio n in which it has been stated thus: (cid:28)5. Writ Petition this deponent does not admit anything that is contrary to and inco nsistent with the records of the case. Further, this deponent would like to stat e that the concerned CDPO under whose jurisdiction the selection was held, indul ged in gross manipulation of marks and tampering of records. The Member Secreta ry/concerned CDPO was seen to have adopted unfair means in finalizing the list o f selected candidates for the post of Anganwadi Workers and helpers and any appo intment made pursuant to such selection in nonest in the eyes of law and are lia ble to be set aside and quashed. The Govt. of Assam Social Welfare Department came to know of such anomalies committed by the CDPO, Tezpur, (Urban) ICDS proje ct from various complaints received against her and immediately the State Level Committee held a meeting on 28/10/2010 for verification of the records of the in terview of the Tezpur ICDS project and upon such verification it came to light t hat the said CDPO had actually indulged in various anomalied/discrepancies in co nducting the interview/ selection of Anganwadi Workers and Helpers right from th e time of inviting applications. Upon having found that the said selection coul d not be sustained, the Committee came to the conclusion that the whole selectio n process in respect of the said ICDS Project should be conducted afresh. The C ommittee further decided to suggest to the Govt. to cancel the entire interview and selection process in respect of Anganwadi workers and Helpers in the said IC DS project.

6. That with regard to the Paragraph 7 & 8 of the Writ Petition, this deponent w ould like to reiterate and reaffirm the statements made in paragraph 5 herein ab ove. Further this deponent would like to state that for nay appointments made illegally, the Govt. is not liable to pay the salaries. Further more, this dep onent would like to state that there is no regular CDPO in the ICDS Project, Tez pur (Urban) in view of the fact that the said CDPO who was indulged in gross sca le irregularities / anomalies was placed under suspension by the Govt. of Assam, Social Welfare Department vide notification issued under Memo No. SWD.250/2009/ -A dated Dispur 20th Feb, 2010 with immediate effect pending drawal of departmen tal proceedings against her. Vide the said notification, the suspended CDPO was directed to handover charge to the District Social Welfare Officer, Sonitpur Te zpur, who is presently holding charge of the said post.

7. That with regard to the statements made in paragraph 9 of the Writ petit ion this deponent does not admit anything that is contrary to and inconsistent w ith the records of the case. Further this deponent would like to state that, th e Govt. of Assam Social Welfare Department had vide Notification No. SWD.2/2010/ Pt.iv/A/38 dated Dispur the 9th March 2010 was pleased to constitute a fresh sel ection committee for conducting a fresh selection process in the Tezpur (Urban) ICDS Project. Further it was directed that the Deputy Commissioner will take ac tion for fresh advertisement for calling of application as per the guidelines is sued by the Govt.

8. That this deponent denies the statements made in paragraphs 10 of the Wr it petition and further reiterates and reaffirms the statements made in para 5, 6 and 7 hereinabove. Further more, this deponent would like to state that all e ligible candidates may apply against the fresh advertisement as is directed to b e issued by the Deputy Commissioner, Tezpur and the entire selection will be con ducted afresh as per the Govt norms and guidelines. (cid:29) Alongwith the said affidavit, the minutes of the meeting of the committe e on verification of the records relating to interview for the assignment of Ang anwadi Wordker and Helper under Tezpur (Urban) ICDS Project held on 21.08.2010 h as also been annexed in which the purported illegality/irregularity committed i n conducting the selection have been highlighted. In the said meeting, it was de cided to hold a fresh selection. However, there is no indication as to whether t he service of the petitioners are to be dispensed with. While the learned counsel for the petitioners submits that the petitione rs are still continuing in service, but Mr. U.K. Das, learned SC, SWD submits that the petitioners are no longer in service. Having regard to the nature of controversy raised and the allegation of illegality/irregularity in conducting the selection, the writ petitions are disp osed of providing that the authority in the SWD may issue individual notice to e ach one of the petitioners highlighting the purported illegality/ irregularity i n conducting the selection and invalidity of their appointments asking them to f urnish reply in their defence. Upon issuance of the notices and submission of th e reply thereto, the authority will take appropriate decision by passing appropr iate order. Entitlement or otherwise of continuity in service and/or salary wil l be dependent on the outcome of this exercise. Entire exercise shall be carried out as expeditiously as possible, preferably on or before 15.10.2012.