SWAYAMPRAVA MOHANTY Vs. SUB-COLLECTOR, BHADRAK

JUDGEMENT

(1.) Child Development Project Officer, Dhamnagar issued an advertisement on 21.11.2009 inviting applications from eligible candidates for the post of Anganwadi Worker to be engaged at Govindagadia Anganwadi Centre. Petitioner submitted her application for consideration for engagement for the said post. However, Sasmita Rout, Respondent No.3 was selected by giving her extra 5 marks for being visually handicapped persons with 42% disability. Aggrieved by the selection of Respondent No.3 Petitioner filed an appeal before the Sub -Collector, Bhadrak (Annexure -5) challenging selection of Respondent No.3 on the ground that she was ineligible for the post of Anganwadi Worker as she fell in the physically handicapped category of blind and her approach is against the General Administration Department resolution dated 13.2.2006 wherein no reservation has been given to a visually handicapped persons in the category of Physically Handicapped. However, the said appeal has not been decided. Hence, Petitioner has approached this Court by way of this writ.

(2.) RESPONDENTS have contested the petition contending, inter alia, that Respondent No.3 was eligible to be considered and engaged as Anganwadi Worker in the category as she was not totally blind and also that resolution of the General Administration Department, Government of Orissa is not applicable to selection and appointment Anganwadi Worker and the selection of Anganwadi Worker has to be made in accordance with the Rules and guidelines prescribed by Women and Child Development Department. It is averred that as per the revised guidelines for selection of Anganwadi Worker dated 2.5.2007, complaint regarding Section of Anganwadi Worker for tribal rural projects had to be filed before the Sub -Collector as he is the designated Appellate authority and as regards complaints regarding selection of Anganwadi Workers for urban projects, Additional District Magistrate is the designated Appellate authority. Collector is the Appellate authority where the Sub -Collector/Additional District Magistrate has approved the selection, but Chairman of the Selection Committee fails to finalize the list within the stipulated time or if Panchayat Samiti and Municipal elected Bodies have been dissolved. Petitioner has not filed an appeal in accordance with the revised guidelines. However, without awaiting the result of the appeal, she has approached this Court by way of this writ.

(3.) SELECTION and appointment of Anganwadi Workers is governed by the Rules and guidelines framed and modified from time to time by the Women and Child Development Deportment, Government of Orissa. Anganwadi Workers are engaged by the State in pursuance of a scheme framed by the Central Government. The State, Therefore, while, making recruitments in such projects in exercise of its jurisdiction under Article 162 of the Constitution of India, may issue guidelines or circulars as it may deem fit and proper. Such guidelines are ordinarily binding on the functionaries working in terms of the scheme including the Selection Committee constituted for recruitment of Anganwadi Workers. Anganwadi Workers are neither appointed nor governed by any statute. They are appointed under the child development scheme framed by the Central Government for appointment of Anganwadi Workers. Anganwadi Workers, therefore, are honorary workers and are no Government servants. They are not paid any salary, but are being paid honourarium for the honorary service they are providing to the society.