SUDHAMAYEE DASH Vs. CHIEF SECRETARY, GOVERNMENT OF ODISHA

JUDGEMENT

(1.) THIS writ petition has been filed with the following prayers: -

(2.) MR . M. Satapathy, learned counsel appearing on behalf of the petitioner submitted that the petitioner was initially appointed as an Anganwadi Worker on 20.02.1982 in Athagarh ICDS project of Cuttack district and by virtue of order of the Collector passed on recommendation of the Sub -Collector, Athagarh vide memo No.3019/SW dated 27.06.1990 she was transferred to Cuttack City ICDS project. She was relieved vide memo No.388 dated 28.06.1990 by the CDPO, Athagarh and joined at Bidanasi -1 (Gopal Sahi) Anganwadi Centre on 29.06.1990 under the CDPO, Cuttack. The petitioner has been enjoying her seniority and all the facilities of the post till date as per Annexures -8, 9, 10 series, 11, 12, 13 and 15 series. It was submitted that the petitioner was transferred on the basis of representation dated 25.05.1990 made to the Collector, Cuttack, who is Chairman of the ICDS project of Cuttack district. The Collector, Cuttack and Sub -Collector, Athagarh, were all aware of the guideline of Government of Odisha letter dated 10145/CD dated 31.12.1984 (Annexure -25) of the Director of C.D. and ex -Officio Additional Secretary to the Government in the C.D. and R.R. Department.

(3.) MR .Satapathy referring to his Written Notes of Arguments submitted that the petitioner initially approached the Orissa Administrative Tribunal, Cuttack Bench, Cuttack in O.A. No.361(C) of 2009 and as directed by the learned Tribunal vide order dated 09.4.2009 the petitioner filed W.P.(C) No.6328 of 2009 challenging inter alia final gradation list of Anganwadi Workers of Cuttack district for fixing the inter se seniority of the petitioner at Sl. No.8/12 or after December 81 batch and just before February'82 batch on the basis of initial date of joining of the petitioner as 20.02.1982 instead of 26.02.1982. It was submitted that date of joining of the petitioner had been taken by the opposite parties as 26.02.1982 arbitrarily by manipulation. However, the Revenue Divisional Commissioner, Cuttack has confirmed the date of joining of the petitioner as 20.02.1982 instead of 26.02.1982. It was further submitted that because of fixation of the date of joining of December' 81 batch as 05.12.1981 and February' 82 batch as 26.02.1982, four Anganwadi Workers (opposite parties 8, 9, 10 and 11) were shown as seniors to the petitioner and promoted to the post of Lady Supervisor, vide order No. 289 dated 05.02.2008 of the Collector, Cuttack. Therefore, the petitioner is entitled to be promoted with retrospective effect from 05.02.2008 under Order No.289 dated