KESHARI SAHOO Vs. STATE OF ODISHA

JUDGEMENT

(1.) Keshari Sahoo, widow of late Manas Ranjan Sahoo has filed this application seeking to quash the engagement order dated 02.06.2012 issued by the Child Development Project Officer (CDPO), Pallahara under Annexure-1 as Anganwadi Helper in Chasagurujanga-B Anganwadi Centre in favour of opposite party no.5-Kumari Reena Sahu, daughter of Dileswar Sahu, and further seeks for a direction to the opposite parties to engage her in the said post as per the guidelines issued by the Government in Annexure-4 dated 24.11.1997.

(2.) The factual matrix of the case, in hand, is that an advertisement was issued on 01.07.2011 for engagement of Anganwadi Helper in respect of six Anganwadi Centres, including Chasagurujanga-B Anganwadi Centre, within the revenue village of Chasagurujanga. In the said advertisement, the date of holding Mahila Sabha was fixed to 12.07.2011, but due to some disturbances and quarrel among the members of the Mahila Sabha, decision could not be taken for selection of Anganwadi Helper in respect of Chasagurujanga-B Anganwadi Centre. Again an advertisement vide no.745 dated 01.12.2011 was issued by the CDPO, Pallahara for selection of Anganwadi Helper in respect of the very same Anganwadi Centre, namely, Chasagurujanga-B. In the said advertisement, the date of holding Mahila Sabha was fixed to 16.12.2011. Basing upon the said advertisement, five applicants, including the petitioner, offered their candidature for consideration for selection as Anganwadi Helper. As no decision could be taken, it was agreed that the selection of the candidates would be done at the headquarters through process of oral interview by a selection committee duly constituted by the authorities under the guidelines. Consequently, on 02.06.2012 the oral interview was conducted amongst the candidates in the headquarters, i.e., office of the CDPO, Pallahara. Pursuant to such interview, opposite party no. 5 secured highest mark and selected as Anganwadi Helper. Consequentially, engagement order was issued in her favour on 02.06.2012, pursuant to which she joined in the post and continuing as such. Hence, this application.

(3.) Dr. Sujata Dash, learned counsel for the petitioner contended that as per the guidelines issued by the Government of Odisha in Women and Child Development Department in Annexure-4 dated 24.11.1997, the petitioner, being a widow, should have been given preferential treatment as per clause- 1(v) for selection of Anganwadi Helper. It is further contended that as per the said guidelines, the committee, which has been constituted under clause-2, should have selected the Anganwadi Helper in consultation with the women groups of the village and in case, for any reasons, it was not possible to make the selection in particular village, the selection should have been made in the project headquarters by the said committee. It is also contended that the husband of the petitioner was killed by Maoist on 18.07.2009 and her father is an old man and BPL card holder and her father-in-law family is not supporting in any manner for survival of the petitioner and her 10 years old daughter. Therefore, the Mahila Sabha in all its meetings pressed hard and recommended her case for selection and engagement as Anganwadi Helper, but opposite party no. 4 and the committee did not accept such recommendation and forced to conduct the oral selection. As per the eligibility criteria, since the petitioner is a widow, she is to be given preferential treatment, but without adhering to the provisions of the guidelines in Annexure-4 dated 24.11.1997, the selection and engagement of opposite party no.5 has been made, which cannot sustain in the eye of law. It is further contended that against such selection and engagement of opposite partyno.5 though the petitioner preferred appeal before the Sub-Collector, Pallahara on 06.06.2012 in Misc. Appeal No.2 of 2012, she was not given opportunity to participate in the hearing of the appeal. Therefore, the entire action taken by the authority is arbitrary and unreasonable and, as such, the selection and engagement of opposite party no.5 as Anganwadi Helper in respect of Chasagurujanga-B Anganwadi Centre is liable to be set aside.