MANORAMA MUDULI Vs. STATE OF ORISSA

JUDGEMENT

(1.) PETITIONERS are working as Anganwadi Workers. A circular was issued by the Department of Women and Child Development Department, Government of Orissa bearing No. 532/SWCD/IV-ICDS-II-128/2008(Pt.) dated 4th October, 2008 informing all the Collectors that the Department had decided to create 237 posts of Supervisors to be filled up through direct recruitment on contractual basis and specifying the qualification for Anganwadi Workers to be eligible for appointment as Supervisors. Letter dated 4th October, 2008 was further clarified by the Department vide letter dated 29.7.2009. Accordingly, a list of 313 Anganwadi Workers for Balasore District was prepared for appointment as ICDS Supervisors. Some of the petitioners assailed the gradation list in W.P.(C) No. 15292 of 2009 alleging that there were irregularities in the list so prepared. The said petition was disposed of by this Court with a direction to the Collector, Balasore to hear and dispose of the representation of the petitioners as expeditiously as possible preferably within a period of six weeks from the date of receipt of the order. It was clarified that till the representations were decided, there would not be any appointment to the post of lady Supervisors without leave of the Collector. The irregularities in the list were accordingly clarified and fresh list prepared under Annexure-3 was accepted by the petitioners. Another letter was issued by the Department on 13.5.2011 clarifying that para 3, 4 and 5 of letter dated 29.7.2009 would be taken into consideration at the time of engagement. Another gradation list (Annexure- 5 series) was prepared and published by the Department where respondent nos.7 to 23, who had completed graduation later than the petitioners, were put senior to the petitioners. The Department issued a letter dated 19.05.2011 inviting objections to the said list. PETITIONERS accordingly submitted their representations objecting to the seniority given to respondent nos.7 to 23. Apprehending that the Department was going to finalize the gradation list without deciding the objections of the petitioners, this petition has been filed.

(2.) RESPONDENTS have contested the claim of the petitioners. The Department in the counter affidavit filed by Pramila Mohanty, District Social Welfare Officer, Balasore has disputed the claim of the petitioners and has averred that the list was prepared in accordance with the Government order dated 4.10.2008 and 29.10.2009 which laid down the guidelines to be followed while filling up of the vacancies to the post of Supervisor after preparing the gradation list as per the seniority of the Anganwadi Workers. Doubts expressed by some of the Collectors were clarified by the Department vide order dated 29.7.2009 clarifying that 237 posts would be filled in from amongst the graduate Anganwadi Workers having experience of more than five years and those who had given their option for such appointment. The names of the petitioners find place in both the lists. It is also alleged that the Department now prepared fresh gradation lists dated 20.12.2010 and 19.5.2011 respectively in terms of the seniority criteria laid down in the order dated 13.5.2011 and the names of all the petitioners appear in the said gradation list. Hence, the petition being without merit should be rejected.