The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.22044 of 2023 Sumitra Das Collector, Jajpur & Ors. …. Petitioner Mr. K.K. Bhuyan, Adv. -versus- …. Opposite Parties Mr. D. Mund, AGA CORAM: DR. JUSTICE S.K. PANIGRAHI Order No. ORDER 11.09.2023 03. 1. This matter is taken up through hybrid arrangement. 2. 3.
Legal Reasoning
Heard learned counsel for the Parties. This Writ Petition is filed challenging the order of the Collector, Jajpur dated 23.03.2023 in Misc. Case No.15/2023. 4. Petitioner being a scheduled caste and destitute lady was appointed as Anganwadi worker in Kushabata Anganwadi Centre under the I.C.D.S. Project, Bari in the district of Jajpur, but after fulfilling all the legal requirements. Petitioner has been working in such post since 1999. For the said Anganwadi Centre being Page 1 of 8 // 2 // inhabited by higher caste people, the Petitioner’s engagement as Anganwadi Worker was not acceptable to them. For which, from the date of her initial posting the local higher caste people in connivance with the concerned Officers and staff, have been making false allegations against the Petitioner and the concerned authorities, accordingly, issued show cause notices with view to harass the petitioner. At some point of time since the stock materials were not supplied in time, the Petitioner was instructed to keep the feeding materials in the School. The Petitioner’s monthly salary and allowances from May 2008 to April 2009 were withheld for a long period without assigning any reason. Thereafter, the Petitioner approached this Court by way of W.P.(C) No.15904 of 2010, which was disposed of on 1.03.2011 with a direction to the Collector, Jajpur to consider and dispose of the Petitioner’s representation within a period of three months from the date of the order. Thereafter, the Collector, Jajpur after hearing the parties disposed of the Petitioner’s representation on 28.07.2011 with an observation that the Petitioner has been working as an Anganwadi worker since long and has undergone A.W.W. training and is an experienced Page 2 of 8 // 3 // hand and due to some internal problem and misunderstanding, such insalubrious incident like not storing of food material in the School/Anganwadi premises occurred. In the said order the Collector, Jajpur asked the concerned authorities to issue warning for not repeating such irregularities and also directed them to restore the Petitioner with all her activities as A.W.W. and release her arrear dues. After such order of the Collector, not only was the services of the Petitioner restored, but also the food materials were supplied. However, her arrear dues from May 2008 to April 2009 was not released. Thereafter, her monthly remuneration from February 2014 to December 2014 and from September 2016 till date has not yet been released. 5. After sometime the C.D.P.O, Bari vide its letter No.225, dated 1.03.2014 issued show cause to the Petitioner regarding her absence on 22.02.2014 & 18.02.2014 during her inspection and the reason for not opening joint account. The Petitioner’s remuneration for those two days was also withheld without even waiting for her reply. The Petitioner has given her reply and stated about her non-appearance on both the occasions. The Petitioner also stated about non-cooperation of the Page 3 of 8 // 4 // ward member for opening of joint account. Again show cause notice was issued to the Petitioner on 14.03.2014 and 20.03.2014. The Petitioner though replied to all these show cause notices, however, the same could not satisfy the Opposite Party No.3 and ultimately this matter was brought to the notice of Opposite Party No.2. The Opposite Party No.2, thereafter, issued a number of show cause notices i.e. on 4.07.2014, 1.09.2014 and on 8.09.2014 respectively. Pursuant to such show cause notices the Petitioner remaining present in the Office of the Opposite Party No.2 explained the entire incident in detail. As per the instruction of Opposite Party No.2 vide its letter dated 9.09.2014 the Petitioner constituted Mother’s committee, Janch committee and opened joint passbook. In spite of Petitioner’s best effort and even after passing of the order of this Court as well as order of the Opposite Party No.1, she has not been paid her arrear dues. 6. The Opposite Party No.3 again issued a letter on 1.11.2016 alleging therein the absence of the Petitioner on 20.09.2016 during inspection of Kushabata A.W.C and irregularities in supply of cooked food and eggs to the children. In the said letter, the Opposite Party No.2 warned the Petitioner that monthly honorarium of the Page 4 of 8 // 5 // Petitioner would be stopped till proper function of the A.W.C. The Petitioner was also further threatened to handover charge of Kusabata A.W.C. to A.W.W of another A.W.C. The Opposite Party No.3 vide memo No.899 dated 17.11.2016 directed Opposite Party No.5 to take charge of Kushabata A.W.C. and receive all the records/registers of the said centre and discharge all work of the said A.W.C. and the Petitioner was also simultaneously directed to handover charge and all records/registers to the Opposite Party No.5. After issuance of such letter Petitioner also informed Opposite Party No.3 that she is regularly providing cooked food, eggs, chhatua to all the children regularly and properly and she, accordingly, requested Opposite Party No.3 to recall her order dated 17.11.2016. Despite such attempt of the Petitioner, when the Petitioner came to know that the Opposite Party No.3 is not taking any decision on her request, the Petitioner not only preferred an appeal to the Opposite Party No.1 but also submitted representation on 9.01.2017 in the Grievance Cell of the Opposite Party No.1. 7. It is more important to mention here that while the matter was under subjudice, forging the signature of the Page 5 of 8 // 6 // Petitioner Rs.4,000/- on 20.12.2016 and Rs.20,000/- on 22.12.2016 were withdrawn from the Petitioner’s account and ward member joint A/c. No.31759487772 from the State Bank of India, Kaipada Branch. 8. As no action was taken, the Petitioner in order to get appropriate justice filed W.P.(C) No.2484 of 2017, which got disposed of on 16.01.2017. After disposal of W.P.(C) No.2484 of 2017 on 31.01.2023 the Petitioner on 4.02.2023 supplied the entire document before the Opposite Party No.1 for his information and necessary action. 9. Since no action was taken on the request of the Petitioner, despite her submission of the order of the Court with all relevant documents, the Petitioner was constrained to file CONTC No.1881/2023. At the time of hearing of the said contempt petition the Standing Counsel for the State supplied an order of the Collector, Jajpur dated 23.03.2023 in Misc. Case No.15/2023 before the Court, wherein it was informed that the Petitioner’s claim has been rejected. Hence this Writ Petition. 10. Drawing the attention of this Court to the scenario of the present dispute, which is also noted hereinabove, learned counsel for the Petitioner submitted that the Page 6 of 8 // 7 // Anganwadi Centre in question being inhabited by higher caste people, the Petitioner’s engagement as Anganwadi Worker was not accepted by them. For which, from the initial date of posting of the Petitioner the local higher caste people in connivance with concerned Officers and staff have been making false allegations and the concerned authorities, accordingly, issued show cause notices with view to harass the petitioner. 11. In his challenge to the impugned order dated 23.03.2023 passed in Misc. Case No.15/2023, learned counsel for the Petitioner submitted that impugned order noted hereinabove is passed behind back of the Petitioner. 12. It is, in the process, learned counsel for the Petitioner submitted that Petitioner being a Scheduled Caste and destitute lady, is suffering immensely due to such inaction of the authority through the impugned order 23.03.2023 passed in Misc. Case No.15/2023. 13. Learned counsel for the Petitioner submitted that though the Petitioner is still working in the Anganwadi centre, she is not getting her remuneration, whereas she
Legal Reasoning
deserves to get salary/remuneration. Learned counsel for Page 7 of 8 // 8 // the Petitioner, accordingly, prayed for allowing this Writ Petition. 14. Per contra, learned counsel for the State submitted that since the Petitioner has not worked regularly, she does not deserve to get salary for the absent period. 15. Considering the submissions made by the parties and looking into the factual aspect of the present dispute, this Court is of the opinion that Petitioner should be paid with salary for the period, she has worked and the C.D.P.O, Bari is also directed to allow the Petitioner to work in the Anganwadi centre without any interruption. 16. Writ Petition stands disposed of with the above order. Ayaskanta Judge (Dr. S.K. Panigrahi) Signature Not Verified Digitally Signed Signed by: AYASKANTA JENA Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 13-Sep-2023 11:18:17 Page 8 of 8