SUKANTI JENA Vs. STATE OF ODISHA

JUDGEMENT

(1.) This writ petition has been filed with a prayer for issuance of a direction to opposite party No.3-Sub-Collector, Balasore and opposite party No.4-Child Development Project Officer (CDPO), Baliapal, Dist: Balasore to issue order of engagement as Anganwadi Worker in favour of the petitioner within a stipulated period.

(2.) Case of the petitioner in a nutshell is that the petitioner along with four others including one Sasmita Behera applied to beengaged as Anganwadi Worker in Pakamundi-II Anganwadi Centre, under Baliapal ICDS Project in the district of Balasore pursuant to Advertisement dated 21.01.2010. On 25th March, 2010, CDPO, Baliapal published Select List (Annexure-1) of five candidates in which Sasmita Behera was declared selected as Anganwadi Worker in the Anganwadi Centre in question whereas the petitioner secured second highest mark in that selection. Accordingly, letter of engagement dated 27.03.2010 was issued by opposite party No.4 in favour of Sasmita Behera. Pursuant to the said engagement letter, Sasmita Behera joined in the post of Anganwadi Worker and continued as such. In the meantime, petitioner came to know that Sasmita Behera was undergoing CT training in Government Secondary Training School, Langaleswar, in the district of Balasore as regular candidate. She did not take permission from the competent authority at the time of filing her application pursuant to advertisement dated 21.01.2010 to be engaged as Anganwadi Worker. Further, she has attended CT training without any absence. In support of her contention, the petitioner attached a copy of letter No.74 dated 23.07.2010 issued by Government C.T. School, Langeleswar, Balasore to the writ petition as Annexure-2. Petitioner has also obtained copy of the attendance register under the R.T.I. Act. The above fact was communicated to opposite party No.4 by way of filing representation with request to disengage Sasmita Behera and to give engagement to the petitioner as Anganwadi Worker as she has secured second highest mark. Since opposite party Nos. 3 and 4 did not interfere with the matter, the petitioner filed Misc. Appeal No.69 of 2010 before the Additional District Magistrate, Balasore in April, 2010 with a prayer to disengage Sasmita Behera and to engage the petitioner. Since the Appeal was not disposed of till October, 2010, petitioner approached this Court in W.P. (C) No.18363 of 2010, which was disposed of on 08.11.2010 with a direction to opposite party No.2- Additional District Magistrate, Balasore to dispose of the Appeal within a period of two months. Pursuant to said order of this Court, opposite party No.2-ADM disposed of the Appeal on 04.08.2011 after perusing the record maintained by opposite party No.4-CDPO, Baliapal by disengaging Sasmita Behera and remanding the case to Selection Committee for taking further course of action as per Government Guidelines. Since Selection Committee did not take any action as directed by the ADM and did not issue order of engagement in favour of the petitioner despite several approaches, petitioner filed the present Writ Petition.

(3.) Mr. S. Patra, learned counsel for the petitioner submitted that the petitioner having secured second highest mark in the selection, the Selection Committee should have issued engagement order in favour of the petitioner. The welfare Scheme of the Government is not properly implemented due to inaction of opposite parties without any rhyme or reason. Petitioner is deprived of her legitimate right. Learned counsel Mr.Patra in support of his case, placed reliance on the judgment of this Court in Renubala Jena Vs. State of Orissa & 3 Ors.,2008 2 CLR 556.