The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.2181 of 2019 And W.P.(C) No.10935 of 2017 (In the matter of applications under Articles 226 and 227 of the Constitution of India, 1950) (In W.P.(C) No.2181 of 2019) Mamata Behera …. Petitioner(s) -versus- State of Odisha & Ors. …. Opposite Party(s) Advocates appeared in this case through Hybrid Arrangement Mode: For Petitioner(s) For Opposite Party(s) : : M/s. D.R.Nanda, Adv. Mr. Ch. Satyajit Mishra, AGA (In W.P.(C) No.10935 of 2017) Supriti Puhan …. Petitioner(s) -versus- State of Odisha & Ors. …. Opposite Party(s) Advocates appeared in this case through Hybrid Arrangement Mode: For Petitioner(s) For Opposite Party(s) : : Signature Not Verified
Legal Reasoning
Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 07-Feb-2024 17:29:46 M/S.Subhranshu B. Mohanty, Adv.
Legal Reasoning
Mr. Ch. Satyajit Mishra, AGA M/s D.R.Nanda, Adv. Page 1 of 10 CORAM: DR. JUSTICE S.K. PANIGRAHI DATE OF HEARING:-17.11.2023 DATE OF JUDGMENT: -22.12.2023 Dr. S.K. Panigrahi, J. 1. Since common question of facts and law are involved in both the Writ
Decision
Petitions, the same were heard together and are being disposed of by this common judgment. However, this Court felt it apposite to deal the W.P.(C) No.2181 of 2019 as the leading case for proper adjudication of both the cases. 2. The Petitioner through W.P.(C) No.2181 of 2019 has challenged the order dated 13.03.2018 terminating her service as an Anganwadi Helper of Kiarpur-II Anganwadi Centre and order No.252 dated 29.03.2018 appointing Opp.party No.5 for the same by the C.D.P.O. Soro in the district of Balasore. I. CASE OF THE PETITIONER: 3. Pursuant to advertisement for appointment of Anganwadi Helper at Kiarpur-II Anganwadi Centre under Soro Child Development Project, the petitioner made her application along with the required documents along with other applicants. After receipt of the application of all candidates Mahila Sabha was conducted on 31.01.2015 at Kiarpur-II Anganwadi Centre for selection of Anganwadi Helper of the said Centre by the Opp.party No. 4. 4. In the said Mahila Sabha meeting, the petitioner was duly selected and appointed for the post of Anganwadi Helper at Kiarpur-II Anganwadi Signature Not Verified Centre vide letter dated13.08.2015 issued by the C.D.P.O. Soro. In the Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 07-Feb-2024 17:29:46 Page 2 of 10 said appointment letter, she was directed to join within a period of seven days. 5. After receipt of the appointment letter dated 8.08.2015, the petitioner joined on 14.08.2015 by submitting her joining report before the C.D.P.O. Soro which was accepted and she was directed to start working from the very same day. However, the petitioner was served with termination letter on 17.08.2015. In absence of any reason in the impugned order or without giving any opportunity of hearing to her for which she filed a Writ Petition before this Court bearing W.P.(C) No. 15752/2015 challenging the termination order dated 17.08.2015 issued by the C.D.P.O. Soro (O.P. No. 4). 6. The Court quashed vide the impugned order dated 17.08.2015 reserving liberty to the competent authority to proceed after providing an opportunity of being heard to the petitioner and take decision in accordance with law within three weeks from the date of presentation of copy of this order. 7. After the receipt of aforesaid order from the petitioner, the C.D.P.O. Soro (O.P. No.4) in pursuance of the order dated 13.11.2015 passed by the Sub-Collector, Balasore by letter dated 25.02.2017 directed the petitioner to resume her duties as an Anganwadi helper in Kiarpur-II AWC and submit her joining report as well as show cause before the undersigned for acceptance. Pursuant to the aforesaid direction issued by the C.D.P.O., Soro, the petitioner joined in her duty on 01.03.2017 by submitting the joining report as well as show cause reply to the C.D.P.O. Soro. Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 07-Feb-2024 17:29:46 Page 3 of 10 8. The petitioner has been discharging her duties as an Anganwadi Helper from 1.3.2017 as per the direction of the High Court on dated 01.09.2015 passed in W.P.(C) No. 15752 of 2017, while the matter stood thus the O.P. No. 5 filed a writ application before this Court bearing W.P (C) No. 10935 of 2017 praying therein that "a direction may be issued to the C.D.P.O. Soro to convene the Mahila Sabha so as to select the Anganwadi Helper. The Court by order dated 03.07.2017 was pleased to dispose of the said writ application with a direction to the O.P. No. 4 to convene the Mahila Sabha as early as possible preferably within a period of three months and select Anganwadi Helper in respect of Kiarpur Anganwadi Centre in accordance with law. 9. Pursuant to the aforesaid order, the O.P. No. 4 by letter dated 08.03.2018 issued show cause to the petitioner for explanation. Pursuant to aforesaid show cause the submitted her explanation to O.P. No. 4 on 12.03.2018 stating detail of facts. The petitioner humbly submits herewith that the C.D.P.O. Soro (O.P. No.4) by order dated 13.03.2018 terminated the petitioner from her service as an Anganwadi Helper of Kiarpur-II Anganwadi Centre pursuant to direction of the High Court passed in W.P.(C) No. 10935/2017. 10. On the same day by Notice No. 182 dated 13.03.2018 the C.D.P.Ο. Soro (O.P. No.4) rejected the earlier Mahila Sabha which was 31.01.2015 and also directed to convene fresh Mahila Sabha so as to select the Anganwadi Helper of Kiarpur-II Angnawadi Centre and accordingly Opp.party No. 5 was appointed as Anganwadi Helper of Kiarpur-II Anganwadi Centre by order No. 252 dated 29.03.2018. Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 07-Feb-2024 17:29:46 Page 4 of 10 11. The O.P. No. 5 who was the petitioner in W.P. (C) No. 10935 /2017 did not disclose the fact of continuity of the present petitioner as Anganwadi Helper for which the order dated 03.07.2017 has been passed. Unless the order passed in W.P. (C) No. 10935/2017 is recalled the petitioner shall be highly prejudiced. This Court by order dated 23.08.2017 was pleased to dismiss the aforesaid Writ Petition with liberty to review of the order passed by this Court in W.P. (C) No. 10935 of 2017. 12. Pursuant to aforesaid order, the petitioner filed Review Petition bearing RVWPET No. 287 of 2017 before this Court praying therein for review of judgment dated 03.07.2017 passed by this Court in W.P. (C) No. 10935 of 2017. The Court by order dated 24.07.2018 was pleased to allow the review petition and recall the order dated 03.07.2017 passed in W.P. (C) No. 10935 of 2017. 13. During pendency of the Review Petition before the Court, the petitioner was terminated from her service on 13.03.2018 by the Opp.party No. 4. In view of the order dated 24.07.2018 passed in RVWPET No. 287 of 2017, the Opp party No. 5 has no legal right to continue as a Anganwadi Helper of Kiarpur-II Anganwadi Centre as the appointment of Opp.party No. 5 was passed in pursuance of the order dated 03.07.2017. 14. In view of the aforesaid order passed in Review Petition, the C.D.P.O. Balasore should allow the petitioner with immediate effect to continue as an Anganwadi Helper of Kiarpur-II Anganwadi Centre, however no Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 07-Feb-2024 17:29:46 Page 5 of 10 step has been taken as yet by the concerned authorities despite order dated 24.07.2018 passed in RVWPET No. 287 of 2017. II. SUBMISSIONS OF OPPOSITE PARTY NO.2,3 & 4/ STATE: 15. Per contra, learned Counsel for the Opp. Parties/State intently made the following submissions: 16. The Mahila Sabha conducted on 31.01.2015 had selected Smt. Mamata Behera as AWH of Kiarpur- II AWC, who had joined as AWH before the CDPO, Soro vide letter No. 407 dated 13.08.2015. After her joining on 18.04.2015, one Smt. Supriti Puhan had filed a petition to the Sub- Collector, Balasore regarding illegal selection of AWH in Kiarpur-II AWC. The petition was inquired by the SSWO, Sadar, Balasore on 23.03.2015 and he submitted his report to the Sub-Collector, Balasore suggesting to cancel the Mahila Sabha on the grounds of illegality and also suggested to conduct a fresh Mahila Sabha. Accordingly, the Sub- Collector, Balasore vide their office letter No. 258/SSW dated 24.02.2015 had directed the CDPO, Soro to conduct fresh mahila sabha at Kiarpur- II AWC. Therefore, the CDPO, Soro disengaged the petitioner which was challenged in W.P.(C) No. 15752/2015 filed by the petitioner. 17. After hearing of SSW Misc Case No. 14/2015 arising out of W.P.(C) No. 15752/2015, the Sub-Collector, Balasore had given order for due opportunity of hearing to the petitioner before taking action of disengagement with a further direction that the petitioner should be paid remuneration for the period she had actually worked in the centre. Accordingly, the petitioner had submitted the show cause on Signature Not Verified dated 02.03.2017 and joined on duty as AWH of Klarpur-II AWC. The Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 07-Feb-2024 17:29:46 Page 6 of 10 O.P. No. 5 had filed a W.P. (C) No. 10935/2017 at the Odisha High Court, Cuttack and which was disposed on 03.07.2017 with a direction to the CDPO, Soro to convene fresh mahila sabha within a period of 03 (three) months. Again the OP No. 5 had filed a CONTC No. 09/2018 with prayer for early implementation of order of Orissa High Court In W.P. (C) No. 10935/2017. 18. In order to honour and obey the orders passed by Orissa High Court, Cuttack on 03.07.2017 in W.P. (C) No. 10935/2017, the CDPO, Soro had issued show cause to the petitioner on 08.03.2018 as to why she shall not be terminated from her service as AWH to convene fresh mahila sabha at Kiarpur-II AWC, in view of the direction passed by the High Court. 19. In response to the show-cause notice vide Annexure- C/2 the petitioner submitted her show-cause on 12.03.2018 indicating therein that as she was not a party to the said writ application No. 10935 of 2017 the order passed therein is not applicable to her. The aforesaid show-cause submitted by the petitioner was taken into consideration by the CDPO and found not satisfactory. Therefore, her appointment was terminated with a fresh notification for fresh Mahila Sabha on 13.03.2018 calling upon the intending candidates to appeal for selection as per the direction of this Court. 20. The CDPO, Soro had convened fresh mahila sabha on dated 23.03.2018 for selection of AWH of Klarpur-II AWC vide Notification No. 182 dated 13.03.2018 in which the present petitioner has participated as candidate accepting the Fresh Mahila Sabha as per order of this Court Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 07-Feb-2024 17:29:46 Page 7 of 10 in W.P.(C) No. 10935 of 2017. Accordingly, the OP No. 5 was selected as AWH in Klarpur-II AWC by securing highest number of votes in the mahila sabha and she has been continuing as AWH till date. 21. Owing to the said order dated 03.07.2017 of this Court passed in W.P. (C) No. 10935/2017, the CDPO, Soro already compiled the order of this Court and intimated the court on 23.03.2018. At this juncture, the OP No. 4 received the orders of this Court passed on 24.07.2018 in which, the intimation has been issued regarding recalling of the order dated 03.07.2017 for which it is difficult to proceed with the matter. Therefore, the CDPO, Soro had sought for clarification from the Govt. Pleader, Balasore through the Sub-Collector, Balasore. After receipt of clarification from the Govt. Pleader, Balasore through the Sub- Collector, Balasore vide letter No. 50 Dated 30.01.2019, the status quo was maintained awaiting necessary instructions from the High Court. III. COURT’S REASONING AND ANALYSIS: 22. It is not disputed that after receipt of engagement letter, the petitioner had joined as Anganwadi Helper in the Kiarpur-II AWC on 14/08/2015. After the joining of Smt. Mamata Behera as AWH of Kiarpur-II AWC on 14/08/2015. one Smt. Supriti Puhan had filed a petition to the Sub- Collector, Balasore to enquire into the illegal selection of AWH in Kiarpur-II AWC. 23. The petition was earlier enquired by the SSWO, Sadar, Balasore on 21/02/2015 on the basis of allegation received from various quarters and submitted his report to the Sub-Collector, Balasore with some findings to cancel the mahila sabha due to some illegality and also Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 07-Feb-2024 17:29:46 Page 8 of 10 suggested to conduct a fresh mahila sabha. With respect to the enquiry report of SSWO, Sadar, Balasore, the Sub-Collector, Balasore vide their office letter No. 258/SSW. Dated 24/02/2015 had directed the CDPO, Soro to conduct fresh mahila sabha at Kiarpur- II AWC. 24. While challenging the disengagement order, Smt. Behera had filed a WP(C) No. 15752/2015 and which was disposed off on 01.09.2015 with a direction to the competent authority to proceed afresh providing an opportunity of being heard to the petitioner and to take a decision in accordance to the law. In compliance to the above directives of the High Court, SSW Misc case No.14/2015 was instituted and was disposed of in letter and spirit to the directives of the Court. The Sub- Collector, Balasore had given order for providing opportunity of hearing to the petitioner Smt. Mamata Behera and also directed that she should be paid remuneration for the period she had actually worked in the centre. Accordingly, the petitioner had submitted her show cause on 02/03/2017 and joined as AWH in Kiarpur-II AWC. Therefore, it is clear that the petitioner was accorded an opportunity to be heard and there has been no violation of principles of natural justice. 25. Smt. Supriti Puhan, the present AWH of Kiarpur-II AWC had filed a W.P. (C) No. 10935/2017 before this Court which was disposed on 03/07/2017 with a direction to the CDPO, Soro to convene fresh mahila sabha within a period of three months. Smt. Puhan had further filed a CONTC No. 09/2018 before this Court with a prayer for early Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 07-Feb-2024 17:29:46 Page 9 of 10 implementation of the kind orders dated 03/07/2017 passed by Odisha High Court, Cuttack in W.P.(C) No. 10935/2017. 26. Accordingly, in order to convene fresh Mahila Sabha for selection of AWH at Kiarpur-II AWC and to implement the orders dated 03/07/2017 passed by this Court in W.P. (C) No.10935/2017, the CDPO, Soro had published Notification No. 182 Dated 13/03/2018. Accordingly, both Mamata Behera, Smt. Supriti Puhan and another candidate named Smt. Padmabati Bala had applied for the post of AWH in Kiarpur-II AWC. The Mahila Sabha was conducted at Kiarpur U.P. School on 23/03/2018 in presence of concerned officials, village ladies under police protection. Smt. Supriti Puhan secured the highest numbers of votes in the Mahila Sabha selected as AWH in Kiarpur-II AWC. She had been issued with engagement letter No.252 dated 29/03/2018 and she has been continuing as AWH under Kiarpur-II AWC till date. 27. With respect to the aforesaid discussions, this Court is not inclined to entertain the prayer of the Petitioner in W.P.(C) No.2181 of 2019. Accordingly, W.P.(C) No.2181 of 2019 is dismissed. 28. Accordingly, both the Writ Petition are disposed of. Orissa High Court, Cuttack, Dated the 22nd Dec., 2023/ Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: ORISSA HIGH COURT, CUTTACK Date: 07-Feb-2024 17:29:46 (Dr. S.K. Panigrahi) Judge Page 10 of 10