The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P(C) No. 19017 of 2016 Purnima Das Petitioner Mr.S.S.Mishra, Adv. -versus- …. State of Odisha & others …. Opposite Parties Mr.G.R.Mohapatra,ASC CORAM: DR. JUSTICE S.K. PANIGRAHI Order No.
Decision
ORDER 10.08.2023 10. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the petitioner and learned counsel for the State. 3 The petitioner has filed this writ petition challenging the judgment dated 09.06.2016 passed by the learned A.D.M., Bhadrak in Anganwadi Appeal Case No. 17 of 2015 wherein the learned A.D.M. was pleased to hold that the opposite party No.5 belongs to the Sahid Nagar Anganwadi Centre area. The A.D.M., Bhadrak has also held her engagement in respect of Sahid Nagar Anganwadi Centre as valid, though she has failed to produce residential certificate as she is residing on Government land by illegally encroaching the same and Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 17-Aug-2023 11:09:29 Page 1 of 5 // 2 // encroachment proceeding is now pending before the Tahasildar, Dhamnagar. 4. The brief fact of the case is that Notification No.579 dated 30.11.2012 was published by the opposite party No.4-CDPO, Dhamnagar for engagement of Anganwadi Worker in respect of Sahid Nagar Anganwadi Centre under Kata Sahi Grama Panchayat. The petitioner having requisites qualification applied for the said post annexing all required documents. But, while preparing the short list of the candidates, the opposite party No.4/C.D.P.O., Dhamnagar deleted/left out the name of the petitioner from the shortlist of the candidates keeping other two candidates in the list who do not belong to Saheed Nagar Anganwadi Centre area. The petitioner submitted a representation to the C.D.P.O., Dhamnagar and A.D.M., Bhadrak ventilating her grievance stating that she is the only eligible candidate in respect of Saheed Nagar Anganwadi Centre. As it was not considered by the authorities, the petitioner filed a Writ Petition being W.P.(C)No.2506 of 2013 before this Court challenging non-consideration of her candidature wherein the Opposite party No.4 was directed to consider the representation in accordance with law. Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 17-Aug-2023 11:09:29 Page 2 of 5 // 3 // 5. Learned counsel for the petitioner submits that an inquiry was conducted by the C.D.P.O, Dhamnagar and found that the house of the petitioner is situated under Saheed Nagar Anganwadi Centre area. Since the opposite party No.4 is not in a position to decide the matter, placed it before the Selection Committee to be held on 20.03.2013. Further, on joint inquiry by the CDPO, Dhamnagar, District Officer, Dhamnagar and Sarapanch of Katasahi G.P. it was found that the petitioner is the permanent resident of Saheed Nagar Anganwadi Centre area and Tapoi Jena/O.P.No.5 though residing in Saheed Nagar Anganwadi Centre area has submitted resident certificate of village Gohirpada, which is not coming under Saheed Nagar Anganwadi Centre area. In addition, she is residing in a Government land by encroaching the same, for which number of Encroachment Proceedings have been initiated against her family members. Despite non-submission of the resident certificate, the opposite party No.5 got appointment to which the petitioner challenged in Anganwadi Appeal No.17 of 2015 before the Additional District Magistrate, Bhadrak which was dismissed. 6. Learned counsel for the petitioner further submits that the applications of all candidates were scrutinized by the Page 3 of 5 Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 17-Aug-2023 11:09:29 // 4 // C.D.P.O. Dhamnagar. At the time of scrutiny, the candidature of opposite party No.5 was summarily rejected on the ground that she does not belong to Saheed Nagar Anganwadi Centre which remains unchallenged by the opposite party No.5 in any legal forum. Further, it is stated that the opposite party No.5 namely, Smt. Tapoi Jena was selected and engaged as Anganwadi worker of Sahid Nagar Angana Wadi Centre under Dhamnagar I.C.D.S. project by the Selection Committee. 7. During course of hearing learned counsel for the State draws the attention of the Court to the relevant portion of parawise comment of the Child Development Project Officer, Dhamnagar submitted before the Court of A.D.M., Bhadrak in Misc. Anganwadi Appeal No. 17 of 2015 under Annexure-7 which is extracted hereunder: inhabitant submitted previously She has “PARA-3: the applicant is residing in the village Khaparada in Saheednagar A.W.C area as the house of the applicant is in Govt. land and the applicant’s of father-in-law was the Gohirapada village. Residential Certificate of Gohirapada village. Regarding rejection of applicant by C.D.P.O Dhamnagar on 17.12.2012, it is a matter of fact that as Smt. Tapoi Jena submitted Residential Certificate Gohirapada and Gohirapada does not come under Saheednagar A.W.C. the application was rejected. After publication of valid list and non-publication of name of the respondent in the list, she submitted an Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 17-Aug-2023 11:09:29 Page 4 of 5 // 5 // application claiming to include the actual residence of Saheednagar for selection of A.W.W.” 8. In view of the above facts and submissions made, this Court finds infirmity in the impugned judgment dated 09.06.2016 passed by the learned ADM, Bhadrak in Anganwadi Appeal No.17 of 2015 under Annexure-9 which is set aside. Further, it is directed that the State authorities shall issue engagement order in favour of the petitioner in respect of Sahid Nagar Anganwadi Centre under Kata Sahi Gram Panchayat within a period of one month from the date of presentation of a certified copy of this order along with a copy of the Writ Petition. 9. The writ petition is disposed of in the light of the above. Judge (Dr. S.K. Panigrahi) LB Signature Not Verified Digitally Signed Signed by: LINGARAJ BEHERA Designation: Sr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 17-Aug-2023 11:09:29 Page 5 of 5