The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.6468 of 2022 Gayatri Mallick Petitioner Mr. Atmajit Manmith Das, Adv. …. -versus- State of Orissa and Ors. …. Opposite Parties Mr. G.R. Mohapatra, ASC CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 11.08.2023 03. 1. This matter is taken up through hybrid arrangement. 2. In this Writ Petition, the Petitioner challenges the order dated 22.06.2017 passed by the Opposite Party No.2/ Child Development Project Officer (CDPO), Bhubaneswar Municipal Corporation-III, Bhubaneswar engaging the Opposite Party No.7( Pramila Hembram) as Anganwadi Worker in Dhirikuti Sahi-2 AWC under ICDS Project, BMC-III, Bhubaneswar and the order dated 30.04.2021 passed by the Opposite Party No.3/ Additional
Facts
District Magistrate (ADM), Bhubaneswar confirming the order of engagement dated 22.06.2017 passed by the Opposite Party No.2/ Child Development Project Officer (CDPO), Bhubaneswar Municipal Corporation-III, Page 1 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Aug-2023 11:14:58 // 2 // Bhubaneswar. She further seeks direction from this Court to the Opposite Parties/ State to issue engagement order in her favour for the post of Anganwadi Worker in respect of Dhirikuti Sahi-II Anganwadi Centre. 3. That facts of the case are that the Petitioner was an applicant for the post of Anganwadi worker in respect of Dhirikuti Sahi-II, Anganwadi centre in pursuance to the advertisement No.-275 dated 21.04.2017 issued by the Opposite Party No.2/ Child Development Project Officer (CDPO), Bhubaneswar Municipal Corporation-III, Bhubaneswar. There were seven numbers of valid applications notified by the Opposite Party No.2/ Child Development Project Officer (CDPO), Bhubaneswar Municipal Corporation-III, Bhubaneswar. The Opposite Party No.2/ Child Development Project Officer (CDPO), Bhubaneswar Municipal Corporation-III, Bhubaneswar also invited public objection, if any, on or before 15.05.2017. Thereafter, both the Petitioner and the Opposite Party No. 7 secured 1st and 5th position respectively. Further, when the Opposite Party No.2/ Child Development Project Officer (CDPO), Bhubaneswar Municipal Corporation-III, Bhubaneswar published selected candidate merit list had mentioned that if any kind of objection/ allegation, the same should Page 2 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Aug-2023 11:14:58 // 3 // be submitted in written form within period of 7 days. Accordingly, present Petitioner filed an objection against the Opposite Party No. 7 before Opposite Party No.2/ Child Development Project Officer (CDPO), Bhubaneswar Municipal Corporation-III, Bhubaneswar. But the Opposite Party No.2/ Child Development Project Officer (CDPO), Bhubaneswar Municipal Corporation-III, Bhubaneswar without taking into account the grievance petition of the Petitioner issued engagement order in favour of the Opposite Party No.7 on 22.06.2017. 4. Learned counsel for the Petitioner submits that pursuant to the Advertisement No.275 dated 21.04.2017 for appointment of Anganwadi Worker in respect of Dhirikuti Sahi-II, Anganwadi Centre under Mancheswar Police Station, Bhubaneswar, the application were submitted by the Petitioner along with the Opposite Party No. 7 and others. 5. In the advertisement under Annexure-1, the first eligibility criteria was that the applicant must be a resident of the Anganwadi service area and the last date for submission of application was fixed to 06.05.2017. Accordingly, the Petitioner having requisite qualification and being the resident of Dhirikuti Sahi-II Anganwadi Centre are, applied for the said post. Page 3 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Aug-2023 11:14:58 // 4 // 6.. After verification of the certificate, a provisional merit list was prepared and published by the Opposite Party No.2/ Child Development Project Officer (CDPO), Bhubaneswar Municipal Corporation-III, Bhubaneswar on 08.05.2017 inviting objection. 7. In pursuance of the provisional merit list inviting objection under Annexure-3, the Petitioner submitted objection on 10.05.2017 before the Opposite Party No.2/ Child Development Project Officer (CDPO), Bhubaneswar Municipal Corporation-III, Bhubaneswar stating therein that Pramila Hembram found place at Serial No.5 of the merit list is not the resident of the service area of Dhirikuti Sahi-II Anganwadi Centre. She had made forged signature of the land owner in the electricity bill of one Ranjan Murmu. 8. When the Petitioner filed an objection against the Opposite Party No.7 before the Opposite Party No.2/ Child Development Project Officer (CDPO), Bhubaneswar Municipal Corporation-III, Bhubaneswar,
Legal Reasoning
13. Having considered the rival contentions made by the learned counsel for the Parties and on applying the mind carefully on the materials available on records, this Court finds no substance in the ground taken by the Petitioner with regard to filing of forged document by the Opposite Party No.7 as the alleged forged document has not been certified by any authority as forged document. Hence, this Court does not incline to accept such contention. Page 6 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Aug-2023 11:14:58 // 7 // 14. Accordingly, this Writ Petition is dismissed. Judge ( Dr. S.K. Panigrahi) B.Jhankar Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Aug-2023 11:14:58 Page 7 of 7
Arguments
one joint Inquiry was conducted by the Smt. Itishree Rout, Additional Tahasildar, Bhubaneswar and Smt. Manjulata Nayak, CDPO, BMC-III and reported that Opposite Party No.7 was staying in rent from 2006-07 without mentioning name of landlord or house owner. Page 4 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Aug-2023 11:14:58 // 5 // Further, when joint inquiry was going on, the Opposite Party No.7 had produced a electric bill manipulating the signature of one Ranjan Murmu without knowledge of said Ranjan Murmu. She had also put her signature in the electricity bill of Ranjan Murmu in order to obtain the residential prove. 9. Although the Opposite Party No.7 was not the resident of Dhirikuti Sahi-II Anganwadi Centre, the Opposite Party No.2/ Child Development Project Officer (CDPO), Bhubaneswar Municipal Corporation-III, Bhubaneswar issued order of engagement on 22.06.2017 in her favour by ignoring the objection of the Petitioner. 10. In such view of the matter, learned counsel for the Petitioner submits that the order dated 22.06.2017 passed by the Opposite Party No.2/ Child Development Project Officer (CDPO), Bhubaneswar Municipal Corporation-III, Bhubaneswar and the order dated 30.04.2021 passed by the Opposite Party No.3/ Additional District Magistrate (ADM), Bhubaneswar may be quashed and a may be issued to the Opposite Parties/ State to issue engagement order in favour of the Petitioner for the post of Anganwadi Worker in respect of Dhirikuti Sahi-II Anganwadi Centre. Page 5 of 7 Signature Not Verified Digitally Signed Signed by: BHABAGRAHI JHANKAR Designation: Assistant Registrar-cum-Senior Secretary Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 16-Aug-2023 11:14:58 // 6 // 11. Learned counsel for the Opposite Party No.7 submits that she does not want to file the counter affidavit. She submits that the contentions made by the learned counsel for the Petitioner have no force as no authority has certified that the document filed by the Opposite Party No.7 is forged one. 12. Learned counsel for the Opposite Party No.2/ State submits that the Opposite Party No.7 being the resident of service area of Dhirikuti Sahi-II Anganwadi Center having requisite qualification applied for the post of Anganwadi Worker and engaged as Anganwadi Worker in respect of Dhrikuti Sahi-II Anganwadi Center under ICDS Project vide order dated 22.06.2017 passed by the Opposite Party No.2/ Child Development Project Officer (CDPO), Bhubaneswar Municipal Corporation-III, Bhubaneswar and is continuing as such till date.