MONOWARA BEGUM Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Mr. P. Sharma, learned Counsel for the petitioner, and Mr. R.K. Bora, learned Government Advocate, appearing for the respondents.

(2.) By an office order, issued, on 11.3.1999, by the office of the Child Development Project Officer, Dalgaon, the petitioner, a resident of village Kheteswar, was temporarily engaged as Anganwadi Worker at Anganwadi Centre No. 22B of village Kheteswar, under Dalgaon-Sialmari ICDS project, on an honorarium of Rs. 438 per month. The order, dated 11.3.2009, made it clear that the engagement of the petitioner was purely temporary and could be terminated at any time. Pursuant to the appointment, so made, the petitioner started working and, in course of time, successfully completed requisite training in second division.

(3.) By an order, dated 18.11.2000, issued by the said Project Officer, when the petitioner's service was terminated, the petitioner put the same to challenge by filing a writ petition under Article 226, which gave rise to WP(C) No. 5250/2001. By order, dated 14.11.2002, the said writ petition was disposed of with direction issued to the respondents to the effect that if the scheme, in question, was still in force, the petitioner shall be reinstated in service with such back wages as may be admissible. Liberty was, however, given by the High Court to the respondents to proceed against the petitioner in accordance with law. While passing its order, dated 14.11.2002, the court pointed out that while the petitioner had been functioning, pursuant to an appointment order, dated 11.3.1999, she was served with a show-cause notice, but it had not been mentioned, in the said show-cause notice, as to what Rules and regulations the petitioner had not followed and as to why the petitioner was being alleged to have been negligent in performing her duties.