High Court
Case Details
WP(C) 2117/2013 BEFORE THE HON’BLE MR. JUSTICE A.K. GOSWAMI
Legal Reasoning
Heard Mrs. N. Saikia, learned counsel for the petitioner. Also heard Mr. B. K. S arma, learned Standing Counsel, Social Welfare Department, appearing for respond ent Nos. 1, 2 & 3. By this writ petition, the writ petitioner seeks quashing of order dated 09.10.2 012 (Annexure-4), issued by the respondent No.3 appointing the respondent No.4 a s an Anganwadi Worker in the Anganwadi Centre No.172 of No.1, Mazgaon, Part-3 un der Dalgaon Sialmari Child Development ICDS Project, Kharupetia, Darrang, Assam. A direction is also sought for promoting the petitioner to the post of Anganwad i Worker as per notification dated 01.03.2013, issued by the respondent No.1. The case of the petitioner is that on due selection, she was appointed on 11.03. 1999 as an Anganwadi Helper in the Anganwadi Centre No.172 of No.1, Mazgaon, Par t-3 under Dalgaon Sialmari Child Development ICDS Project, Kharupetia, Darrang, Assam and she has been serving as such for last 14 years. As the centre where th e petitioner is working did not have any Anganwadi Worker since 2010, the petiti oner was also taking care of the duties and responsibilities of the Anganwadi Wo rker apart from her regular duties as Anganwadi Helper. An order was also issued on 01.03.2011 by respondent No.3 for such discharge of duties as Anganwadi Work er. The petitioner had submitted a representation on 28.09.2010 to the responden t No.3 for her promotion to the post of Anganwadi Worker. However, by the impugn ed order, the respondent No.4 was appointed as Anganwadi Worker, frustrating the claim of the petitioner. Mrs. Saikia, learned counsel for the petitioner submits that a notification date d 01.03.2013 (Annexure-5) was issued by the respondent No.1, providing guideline s for promotion of Anganwadi Helpers as Anganwadi Workers. It is submitted by he r that the order dated 09.10.2012 is in conflict with the notification dated 01. 03.2013 and therefore, the impugned order is required to be set aside and a dire ction should be issued to the respondents to consider the case of the petitioner for promotion. Mr. Sarma, on the other hand, submits that the notification dated 01.03.2013 is prospective in nature and the petitioner will be entitled to have a legitimate c laim for promotion as Anganwadi Worker only after issuance of this notification. It is also submitted by him that prior to issuance of this notification, there was no scope for promotion of Anganwadi Helpers to the post of Anganwadi Worker. In the said perspective, it is contended by him that no interference is called for with the order dated 09.10.2012 on the ground that presently the petitioner has a claim for promotion. It is also submitted by him that case of the petition er for promotion on the touchstone of the guidelines, issued under notification dated 01.03.2013, will have to be considered as and when vacancies arise. I have heard the learned counsel appearing for the parties and considered the ma terials on record. I find sufficient force in the argument of Mr. Sarma that the notification dated 01.03.2013 is only prospective in nature as there is nothing to indicate that t he notification will have retrospective effect. The materials on record do not d isclose that the petitioner had an existing right for consideration for promotio n to the post of Anganwadi Worker. It is only after the notification dated 01.03 .2013 was issued, subject to fulfillment of eligibility conditions, a channel of promotion has been opened up for Anganwadi Helpers. Therefore, I do not find su bstance in the argument of Mrs. Saikia that the order dated 09.10.2012 is in con flict with the notification dated 01.03.2013. Challenge to the order dated 09.10 .2012 is only on that score and therefore, the challenge fails. For the purpose of this case, it will be beneficial to take note of clauses 2, 3 , 6, 7, 8, 9, 10, 11, 12 & 13 of the notification dated 01.03.2013. They read as under: (cid:28) & & & & & 2. Only those Anganwadi Helpers shall be eligible for promotion under this schem e who have been in continuous service for a period of 10 years and above as Anga nwadi Helper in any duly sanctioned Anganwadi Centre. 3. Only those Anganwadi Helpers shall be eligible for promotion under this schem e who have passed the Class-IX examination from school/madrassa duly recognized by the Board of Secondary Education, Assam. & & & & & &.. 6. The Anganwadi Helper to be eligible for promotion under this Scheme shall be above 45 years of age at the time consideration of her case for promotion. 7. Engagement shall be made strictly in order of seniority-cum-merit beginning f rom the minimum of 10 years continuous service as Anganwadi Helper in respect of seniority and pass in the Class-IX examination in respect of her academic quali fication. 8. The promotion shall be made against the vacancies of Anganwadi Workers in the existing Anganwadi Centres duly sanctioned.
Decision
9. The promotions shall remain confined to the Anganwadi Centres of the same rev enue village and, as such, an Anganwadi Helper of one revenue village or Ward of a Municipality or Town Committee cannot apply for promotion in the post that ar ises in the centre falling in a different revenue village or Ward of a Municipal ity or Town Committee. 10. It shall be the responsibility of the CDPOs to determine the vacancies and a dvertise them calling for application from the eligible Anganwadi Helpers with p rior permission of the Director, Social Welfare, Assam. 11. The eligible Anganwadi Helpers shall apply with all necessary particulars an d certificates without which no case of such candidates shall be considered. 12. The CDPOs after receiving the applications, shall meticulously verify the pa rticulars furnished by the applicants and make a consolidated list of eligible a pplicants and call them for interview with prior permission of the Director, Soc ial Welfare, Assam. 13. The selection of Anganwadi Helpers for promotion under the scheme shall be m ade by a selection committee to be constituted with the following members: i. Child Development Project Officer - Chairman ii. Supervisor concerned Circle - Member Secretary iii. Representative of Mother Group - Member & & & & & & & &.. (cid:29) From the aforesaid, it is clear that it is the responsibility of jurisdictional Child Development Project Officers to determine the vacancies of Anganwadi Worke rs and advertise them calling for applications from eligible Anganwadi Helpers w ith prior permission of the Director of the Social Welfare, Assam. In view of the above, the petitioner will be at liberty to submit application, s ubject to her fulfilling the eligibility criteria, as and when posts are adverti sed in respect of centers in which she can be considered for promotion. With the aforesaid observation and direction, the writ petition is disposed of.