The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.8625 of 2015 Rasmita Barik ….
Legal Reasoning
Petitioner Mr. T. Nanda, Adv. -versus- Collector, Kendrapara & Ors. …. Opposite Parties Mr. D. Mund, A.G.A. CORAM: DR. JUSTICE S.K. PANIGRAHI
Decision
Order No. ORDER 31.10.2023 09. 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the petitioner and learned counsel for the State. 3. In the writ petition, the Petitioner challenged the order dated 11.03.2015 passed by the Collector, Kendrapara in connection with disengagement of Anganwadi Worker. 4. It appears from the record that vide order dated 07.07.2023 passed by this Court in W.P.(C) No.8625 of 2015, this Court called for a status report of the employment of Anganwadi Worker. Accordingly, the Opposite Party No.4/C.D.P.O., Derabish produced the status report vide letter no.676 dated 28.07.2023, which is extracted hereunder:- ”XXXXX During the year 2009 the notification was issued for selection of AWW at Sorisia AWC, accordingly Smt. Rashmita Barik was selected as AWW for the Sorisia Center, then challenging the selection of Smt Barik, the other challenging the Residential Page 1 of 4 // 2 // Certificate of Smt Barik In the Hon'ble High Court Odisha and Hon'ble High Court had passed the order in the misc case No. - 29/10 that the Residential Certificate of Smt Barik is genuine then she was engaged as AWW at Sorisia Anganwadi Center, then the other appellant smt Mamata Sethy challenging the order of Sub-Collector and again file a wpⒸ before the Hon'ble Court, As per the order of the Hon'ble Court the Sub-Collector, Kendrapara after due consideration and also issued the direction to CDPO, Derabish vide his letter No.-2011 Dated. 14.10.2014 to disengage Smt Barik and also engage Smt. Mamata Sethy subsequently Smt. Barik took shelter of the Hon'ble High Court and filed WPC No. 20454/ 2014. The Hon'ble High Court had passed stay order and directed the Collector, Kendrapara to consider the matter, The Collector to compliance the order of the Hon'ble High Court had disposed of the case and issued order to disengage Smt Barik on Dated. 11.03.2015, But smt Sethy again filed a WPⒸ No.- 7922/2015 praying for her engagement as AWW in Sorisia AWC. As per the order of the Hon'ble High Court Smt. Mamata Sethy was engaged as AWW at Sorisia center, again challenging the disengagement order of Smt Barik filed a WPⒸ No. 8625/2015, the Hon'ble High Court Odisha, cuttack. In the meanwhile due to negligence of Smt. Sethy, the villagers raised complained and locked the AWC. Smt Sethy was also called upon to expain by the CDPO, Derabish vide letter No.-405, Dt. 27.08.2015. But she did not receive the same and also not submitted any reply. After that Smt Sethy was on leave from Dt. 16.09.2015 to Dt. 18.06.2016 on her health ground and continued on leave. The beneficiaries of AWC alleged against Smt Sethy that she was deliberately on leave and filed a written allegation before the CDPO. The CDPO had conducted enquiry alongwith the supervisor and submitted her report to the Sub-Collector and DSWO. The Sub-Collector vide letter No.-3167/ Dt. 14.12.2015 asked for show cause to Smt Sethy and asked to personally appear before him on Dt. 16.12.2015. Smt Sethy was also the date of personal appearance. remained absent on Accordingly after observing formalities, Smt Sethy was disengaged from AWW. Again Smt Sethy challenging the disengagement order filed WPC before the Hon'ble High Court. Hon'ble High Court had passed order to the Collector for disposal of the matter. Accordingly this misc case Page 2 of 4 // 3 // has been instituted and report has been called from the Sub- Collector, Kendrapara, DSWO, kendrapara & CDPO, Derabish. It was revealed from the report of CDPO and concerned supervisor that Smt Sethy deliberately remained on leave since years together on health ground and not submitted any authentic documents towards her illness. She also disobeyed the orders of higher authority and residing at Rourkela with her husband. Though the leave application of Smt Sethy had been disallowed by the Sub-Collector and intimated to her vide letter No.-492/ Dt. 10.11.2016 by the CDPO, Derabish, she continued on leave intentionally. The prayer of Smt Sethy was not genuine considering the report of the DSWO, Kendrapara and CDPO, Derabish. The Sub- Collector, Kendrapara has submitted report vide memo No.-285/ Dt. 31.01.2018. It is the same report has reported by the DSWO and CDPO. The DSWO, Kendrapara has also intimated that the leave application of Smt Sethy, AWW has disallowed by the Sub-Collector-cum chairman, ICDS and which has been communicated to her vide letter No.- 492/ Dt. 10.11.2016 of CDPO, Derabish. In the discussions above, it is clear that the allegation of the appellant was false. The Sub-Collector vide letter No-3167/ Dt. 14.12.2015 asked for show cause to Smt Sethy and asked to personally appear before him on Dt. 16.12.2015. But Smt Sethy was remained absent on the date of observing due appearance. Accordingly personal formalities Smt Sethy was disengaged from AWW. Accordingly the appeal was dismissed. The order of the Collector, Kendrapara after in Anganwadi appeal No. 12/2017 is annexed as Annexure-l. In the above context at present after disengagement of Smt Mamata Sethy, Ex-AWW of Sorisia AWC asked for the direction of the Hon'ble High Court on Dated 28.02.2018 by the Collector, Kendrapara. After her disengagement the center is running by the nearest AWC i.e Haripur Mini AWC by the order of the CDPO, Derabish since 4 years. XXXXXX” 5. It is contended from the above that the Petitioner and the Opposite Party No.5 both were disengaged. After their disengagement, the said Anganwadi Center is lying vacant and running with the help of nearest Anganwadi Center. Page 3 of 4 // 4 // Hence, it is apposite on the part of the Opposite Party No.4/ C.D.P.O. Derabish to issue a fresh advertisement inviting application for eligible candidates in respect of Sorisia Anganwadi Centre under Derabish Block and the said authority shall complete the selection process within a period of three month from the date of receipt of this order. 6. Accordingly, the writ petition is disposed of. Sumitra Judge (Dr. S.K. Panigrahi) Signature Not Verified Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 09-Nov-2023 16:25:02 Page 4 of 4