The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.6723 of 2020 Aparna Samal Petitioner(s) Mr. Upendra Kumar Samal, Adv. …. State of Odisha & Ors. -versus- …. Opposite Party(s) Mr. Ch. Satyajit Mishra, AGA for O.Ps.1 to 4 Mr. Durgesh Narayan Rath, Adv. for O.P.5 Mr. Sitikanta Mishra, Adv. for O.P.7 Mr. Pabitra Kmar Nayak, Adv. for O.P.12 CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 10.10.2023 10. 1. This matter is taken up through hybrid arrangement. 2. Through this Writ Petition the Petitioner challenges the order dated 22.01.2020 passed by the leaned A.D.M, Jajpur in A.W.W. Misc.(Appeal) Case No.02/2019. 3. The factual scenario of the case in brevity remains:-
Legal Reasoning
Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Oct-2023 18:20:41 Page 1 of 7 // 2 // (i) Pursuant to the advertisement No.360 dated 17.05.2017 for the post of Anganwadi worker the Petitioner being a resident of Village-Prathamakhandi in the District of Jajpur applied for such post in respect of Anganwadi Centre No.6 of Prathamakhandi Gram Panchayat. (ii) After verification of the applications and taking into account the marks secured by all the aspirants, the Selection Committee constituted for the purpose and selected the Petitioner. Thereafter, on 21.01.2019 the Petitioner was given with the appointment order for the post of Anganwadi worker in respect of Anganwadi Centre No.6 of Prathamakhandi Gram Panchayat. Accordingly, the Petitioner joined in such post. (iii) While the matter stood thus one Puspanjali Sahoo filed an appeal vide A.W.W. Misc. (Appeal) Case No.2 of 2019 before the A.D.M, Jajpur challenging the residency of the Petitioner. While taking up the matter, the A.D.M, Jajpur in order to find-out the genuineness directed the Tahasildar, Rasulpur and the C.D.P.O, Rasulpur to submit a report regarding the residence of Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Oct-2023 18:20:41 the Petitioner. Page 2 of 7 // 3 // (iv) Pursuant to such direction of the A.D.M, Jajpur, the C.D.P.O, Rasulpur conducted an inquiry relating to the residence of the candidates against whom complaints were received. Such inquiry was conducted not only in presence of the Ward Members of Ward Nos.12, 13 & 14 but also in presence of the Supervisor of Prathamakhandi AWW No.6 and Anganwadi worker of Prathamakhandi Anganwadi Centre Nos.1, 2 & 3 and also in presence of the villagers. After conclusion of such inquiry it was found that the Petitioner’s residence comes within the jurisdiction of Anganwadi Centre No.6 of Prathamakhandi Gram Panchayat. It is pertinent to mention here that the Petitioner with her family members has been residing in Ward No.12 since long. The house situated in Ward No.12 of Prathamakhandi Gram Panchayat is the ancestral house of the father-in-law of the Petitioner, for which her name is in the voter list at Sl.No.50. (v) Thereafter, the Ward Member of the Ward No.12 along with the inhabitants of Ward No.12 of Village/Prathamakhandi, submitted a representation to the C.D.P.O, Rasulpur through the Anganwadi Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Oct-2023 18:20:41 Supervisor regarding the residence of the Petitioner. In Page 3 of 7 // 4 // the said representation, the Ward member had clearly mentioned that the Petitioner/Aparna Samal is not only the permanent resident of Ward No.12 but her house also comes within the jurisdiction of Anganwadi Centre No.6 of Prathamakhandi Gram Panchayat (vi) Thereafter, all the parties appeared before the A.D.M., Jajpur, but due to some administrative work the A.D.M, Jajpur could not take up the matter. However, on 22.01.2020 the A.D.M, Jajpur took up the matter for hearing and on the same day held that selection of the present Petitioner as Anganwadi worker in respect of Anganwadi Centre No.6 of Prathamakhandi Gram Panchayat is illegal and her appointment as Anganwadi worker is liable to be set aside. Hence, this Writ Petition. 4. Challenging such action of the A.D.M., Jajpur, learned counsel for the Petitioner submits that without verifying all the documents properly and also without going to the merits of the case, the A.D.M, Jajpur by the impugned order dated 22.01.2020 held that selection of the Petitioner as Anganwadi worker in respect of Anganwadi Centre No.6 of Prathamakhandi Gram Panchayat is illegal and her appointment as Anganwadi Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Oct-2023 18:20:41 worker is liable to be set aside. Therefore, pursuant to Page 4 of 7 // 5 // such order of the A.D.M, Jajpur, the C.D.P.O., Rasulpur is going to disengage the present Petitioner. 5.
Legal Reasoning
Learned counsel for the Petitioner further submits that as per the micro division of the ward, the Petitioner may not belong to ward no.12, but she does belong to that village. Accordingly, learned counsel for the Petitioner prays for quashing of the order dated 22.01.2020 passed by the learned A.D.M, Jajpur in A.W.W. Misc. (Appeal) Case No.02/2019. 6. To the contrary, learned counsel for the State producing the communication dated 24.08.2023 made by the Additional Tahasildar, Rasulpur to the Tahasildar, Rasulpur, submitted that during field inquiry in presence of the local villagers and verification of Record-of-Right, the Additional Tahasildar, Rasulpur found that the homestead land stands recorded in the name of the father-in-law of the Petitioner and others in Ward No.13. During inquiry, the Additional Tahasildar, Rasulpur also found that a two storied building stands over plot No.2270 in Ward No.13, in which the Petitioner with her family members are residing. Another house (kuchha) exists over plot No.2231/2830 in Ward No.12. Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Oct-2023 18:20:41 Accordingly, learned counsel for the State submits that Page 5 of 7 // 6 // there is no flaw in the order of the A.D.M, Jajpur in A.W.W. Misc.(Appeal) Case No.02/2019 on 22.01.2020. 7. The relevant portion of the order dated 22.01.2020 passed in A.W.W. Misc.(Appeal) Case No.02/2019 is extracted herein below: “In view of the facts discussed above, this court is inclined to hold that the selection and engagement of Aparna Samal as Anganwadi worker in Prathamakhandi Anganwadi Centre-6 is wrong and against the guideline of selection of Anganwadi Worker. So the appeal is allowed and the selection order/ engagement order of Aparna Samal as Anganwadi Worker in the Anganwadi Centre No.6 of Prathamakhandi G.P. is set-aside. The C.D.P.O, Rasulpur is directed to disengage Aparna Samal forthwith and take necessary steps to select Anganwadi Worker for Anganwadi Centre No.6 out of merit list and if no candidate is available in the merit list then make selection afresh as per provision of guideline of W&C.D Department Govt. of Odisha, Bhubaneswar.” 8. In the circumstance, learned counsel for the State
Decision
prays for dismissal of the Writ Petition. 9. Learned counsel for the Opposite Party No.5 and learned counsel for the Opposite Party No.12 in one tone submit that the candidate should reside with the jurisdiction of the Anganwadi centre, for which she would apply for. They further submit that since the present Petitioner does not belong to the service area of Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Oct-2023 18:20:41 Page 6 of 7 // 7 // Anganwadi Centre No.6 of Prathamakhandi Gram Panchayat, she deserves to be disengaged from the post of Anganwadi worker in respect of Anganwadi Centre No.6 of Prathamakhandi Gram Panchayat. They, accordingly, pray for dismissal of the Writ Petition. 10. Considering the rival contentions of the parties and looking to the factual scenario of the case, this Court does not find any infirmity in the impugned order dated 22.01.2020 passed in A.W.W. Misc. (Appeal) Case No.02/2019. In such view of the matter, this Court directs that the person, who has secured highest mark in the merit list of the same selection after disengagement of the Petitioner, be given appointment as an Anganwadi worker in respect of Anganwadi Centre No.6 of Prathamakhandi Gram Panchayat, if she is otherwise eligible. The order of the A.D.M, Jajpur dated 22.01.2020 in A.W.W. Misc. (Appeal) Case No.02/2019 is modified to the above extent. 11. Writ Petition stands disposed of with the above order. Judge (Dr. S.K. Panigrahi) Signature Not Verified Digitally Signed Ayaskanta Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 16-Oct-2023 18:20:41 Page 7 of 7