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IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.11281 of 2022 & W.P.(C) No.18257 of 2018 In W.P.(C) No.11281 of 2022 Annapurna Mallick Petitioner Mr. Saswati Mohapatra, Adv. …. State of Odisha & Ors. -versus- …. Opposite Parties Mr. G. R. Mohapatra, A.S.C. Mr. Dillip Ray, Adv. (for intervener) In W.P.(C) No.18257 of 2018 Sasmita Sahoo State of Odisha & Ors. …. Petitioner Mr. Dillip Ray, Adv. -versus- …. Opposite Parties Mr. G. R. Mohapatra, A.S.C. Ms. S. Mohapatra, Adv. (for O.P.5) CORAM: DR. JUSTICE S.K. PANIGRAHI Order No.
Decision
ORDER 29.11.2023 12. 1. This matter is taken up through hybrid arrangement. 2. Since common questions of facts and law are involved in both the aforesaid Writ Petitions, the same are heard together and are being disposed of by this common Page 1 of 9 // 2 // order. However, this Court felt it apposite to deal the W.P.(C) No.11281 of 2022 as the leading case for proper appreciation of facts and for proper adjudication of both the cases. 3. Heard learned counsel for the Petitioner and learned counsel for the State. 4. Both the Petitioners in both the Writ Petitions have made prayer to quash the Advertisement dated 02.11.2018 issued by the C.D.P.O., Basudevpur/Opposite Party No.4. They also seek direction from this Court to the C.D.P.O., Basudevpur/Opposite Party No.4 to appoint them as Anganwadi Worker in respect of Thakurani Sahi Anganwadi Centre, Gopalpur in Andola G.P. under ICDS project Basudevpur. 5. The Petitioner (Annapurna Mallick) in W.P.(C) No.11281 of 2022 has assailed the advertisement dated 02.11.2018 when he came to know from the order dated 24.12.2021 passed by the A.D.M., Bhadrak in Anganwadi Appeal No.03/2021. 6. The Petitioner (Annapurna Mallick) had earlier approached this Court in W.P.(C) No.3366 of 2010 challenging the administrative order, inter-alia, not including ‘Jena Sahi’ for the Addl. Gopalpur Anganwadi Centre. This Court directed to enquire regarding, Page 2 of 9 // 3 // whether the ‘Jena Sahi’ is coming under Additional Gopalpur Anganwadi Centre? It is admitted by the Authorities that by mistake, the ‘Jena Sahi’ is left from the Additional Gopalpur Anganwadi Centre. 7. In the interregnum, another candidate had filed the Anganwadi Misc. Case No.1/2019 before the Sub- Collector, Bhadrak on various grounds. The present Petitioner intervened in the said Anganwadi Misc. Case No.01/2019. After hearing all the contesting Parties, the Sub- Collector, Bhadrak directed the C.D.P.O., Basudevpur to engage the Anganwadi workers as per the Merit List drawn in the year 2010. But, the C.D.P.O., Basudevpur, did not issue the engagement Order. The present Petitioner once again approached the Sub- Collector, Bhadrak, for compliance of Order in A.W.(A) No.3/2021. Only from the Order, dated 24.12.2021 passed by the A.D.M., Bhadrak in A.W.(A) No.3 of 2021, it has come to the knowledge of the Petitioner that in the year 2018, one Advertisement issued by the C.D.P.O., Basudevpur was challenged by one Sasmita Sahoo (who stood last in the Merit List) in W.P.(C) No.18257/2018, which is pending before this Court. In this Writ Petition, the Petitioner (Annapurna Mallick) has also challenged the said advertisement. Page 3 of 9 // 4 // 8. The observation made by the Sub-Collector, Bhadrak vide order dated 28.06.2021 in Anganwadi Misc. Case No.01/2019 is extracted hereunder:- (i) The C.D.P.O., Basudevpur published an advertisement vide her Office Notification No.23 dated 04.01.2010 inviting applications from the eligible female volunteers for selection and engagement of Anganwadi Worker in Thakurani Sahi Additional Anganwadi Centre of Andola GP fixing the last date for receipt of applications as 18.01.2010. Pursuant to such advertisement total five candidates had applied for the post. During scrutiny, candidature of one applicant- Rajlaxmi Malik was rejected due to her underage. Another applicant withdrew her application and, therefore, her application was not verified. Out of the rest three eligible candidates, the petitioner/Annapurna Mallick secured the highest mark i.e., 57% marks including 5% marks for her higher qualification. The petitioner being the highest scorer was selected and engaged as Anganwadi worker in the Thakurani Sahi Additional Anganwadi Centre. But the CDPO, Basudevpur did not issue any engagement order. This led the petitioner to ventilate her grievance before the Sub-Collector, Bhadrak on 27.12.2013. The Sub- Collector, Bhadrak vide his Letter No.924 dated Page 4 of 9 // 5 // 03.09.2014 instructed the CDPO, Basudevpur to cause an enquiry in to the matter and submit a report. The CDPO. Basudevpur submitted her enquiry report vide her Office Letter No.39 dated 03.01.2014. In her report, she stated that the original Anganwadi Centre is running at Thakurani Sahi Ward No.2 and the additional Anganwadi Centre is running at Jena Sahi Ward No.1. But, the hamlet "Jena Sahi" has not been included in the list of hamlets constituting the Additional Anganwadi Centre in question wrongly. (ii) Subsequently, the petitioner Annapurna Mallick approached this Court by filing WP(C) No.3366/2010 wherein, she prayed for an order for inclusion of 'Jena Sahi' in Thakurani Sahi Anganwadi Centre as it was inadvertently excluded. The Writ Petition was disposed of on 15.12.2014 with a direction to the Sub-Collector, Bhadrak to ensure that decision in consonance with report is taken so as to proceed ahead for selection of Anganwadi worker. This Court has also directed the Sub- Collector, Bhadrak to take up the matter within a period of four weeks from the date of production of certified copy of that order. Accordingly, the present petitioner filed a Anganwadi Mise Case No: 11/2014 before the Sub- Collector, Bhadrak. Page 5 of 9 // 6 // (iii) On the instructions of the Sub-Collector, Bhadrak, the Tahasildar, Basudevepur conducted field inquiry in village Gopalpur and submitted a report on 15.12.2015. In his report, the Tahasildar has stated that the main AWC has been functioning in Gopalpur Primary School campus in its own building i.e., Thakuranisahi Ward No.2 since long and another building is under construction at Jenasahi Ward No.1 meant for new Additional Anganwadi Centre. The construction of the said building has now been completed. As regards the name of AWC & selection of AWH, the report of CDPO reveals that, the Additional Anganwadi Centre at Jenasahi, Ward No.1 was approved as Thakuranisahi in the BLCC meeting held in 2009. It has now been modified and approved as Gopalpur-2 in the BLCC meeting held on 05.10.2018. The Notification No.375 dated 31.05.2019 has been issued by the CDPO, Basudevpur for selection of Anganwadi Helper in Additional Anganwadi Centre Gopalpur-2. In village Gopalpur, there is only one Additional Anganwadi Centre in Ward No.1 i.e. Gopalpur-2. Hence, there is nothing to be disputed as to the name of the centre. 9. Hence, the dispute regarding the facts that the Petitioner does not belong to the Anganwadi Service area Page 6 of 9 // 7 // has been clarified vide the order dated 28.06.2021 in Misc. Case No.01/2019 passed by the Sub-Collector, Bhadrak. Undisputedly, the Petitioner is an inhabitant of that Anganwadi Centre. Since the Petitioner has been selected for the said centre and she has secured the highest mark, the Petitioner’s case deserves to be considered for appointment. Instead, the CDPO, Basudevpur has not given the appointment for the post against which the Petitioner has been selected. So, the said post has been fallen vacant for such a long time. 10. It has also been stated by the Sub-Collector, Bhadrak that despite several instructions of the said court to the CDPO, Basudevpur, the said CDPO has not taken any effective steps for disposal of the long pending claim of the present Petitioner. Hence, he had inclined to direct the CDPO, Basudevpur again to take immediate steps for implementation of the order passed by the said Court on 20.01.2015 and 08.04.2016 in Anganwadi Misc. Case No.11/2014. So that the order dated 15.12.2014 passed by this Court in W.P.(C) No.3366 of 2010 can be walked out. 11. Further, the ADM, Bhadrak has also passed the order dated 24.12.2021 in Anganwadi Appeal No.03 of 2021 wherein, he has also taken the similar view regarding the residential status of the present Petitioner. Page 7 of 9 // 8 // 12. Mr. Ray, learned counsel for the Intervener in W.P.(C) No.11281 of 2022 submits that the Petitioner (Annapurna Mallick) does not belong to that Anganwadi Centre area. Hence, the selection made in favour of the present Petitioner (Annapurna Mallick) is not tenable. The Sub- Collector, Bhadrak has no jurisdiction to decide the selection related dispute in respect of the Anganwadi Worker. He further submits that the petitioner has not impleaded the intervener as a party. Hence, he could not put forth his position. 13. On perusal of the order dated 28.06.2021 in Misc. Case No.01/2019 passed by the Sub-Collector, Bhadrak, the order dated 24.12.2021 passed by the A.D.M., Bhadrak in Anganwadi Appeal No.03/2021 and the averments made in both the aforesaid Writ Petitions, this Court is of the view that since the Petitioner (Annapurna Mallick) is the highest scorer, unambiguously and undisputedly she is an inhabitant of the service area, she deserves to be appointed for the said post. Accordingly, the advertisement dated 02.11.2018 issued by the C.D.P.O., Basudevpur/Opposite Party No.4 is hereby quashed and the order dated 24.12.2021 passed by the A.D.M., Bhadrak in Anganwadi Appeal No.03/2021 is also hereby quashed. Consequently, the C.D.P.O., Page 8 of 9 // 9 // Basudevpur/Opposite Party No.4 is directed to appoint the present Petitioner (Annapurna Mallick) in the said Anganwadi Centre within Ten days from the date of presentation of this order in accordance with law. 14. of. 15. Accordingly, both the Writ Petitions are disposed Interim order dated 30.11.2018 passed in I.A.No.15477 of 2018 arising out of W.P.(C) No.18257 of 2018 stands vacated. Sumitra Judge (Dr. S.K. Panigrahi) Signature Not Verified Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: Odisha High Court, Cuttack Date: 09-Dec-2023 13:39:46 Page 9 of 9