LAWS(GAU)-2022-8-13

GITANJALI KALITA Vs. STATE OF ASSAM

Decided On August 09, 2022
Gitanjali Kalita Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) The writ jurisdiction of this Court has been sought to be invoked by the petitioner by questioning the legality and validity of an order dtd. 2/6/2018 passed by the Director, Social Welfare, Assam by which a direction has been issued to the CDPO, Bhurbandha ICDS Project to issue termination letter to the petitioner who was working as Angwandi Worker (AWW) in the Sunarigaon No. 24 Anganwadi Centre from her voluntary service, pursuant to which an order dtd. 13/6/2018 was passed of such termination. The aforesaid order has been passed in compliance of an order dtd. 1/10/2015 of this Court in WP(C)/2165/2013.

(2.) The case in hand has a chequered history. The projected case of the petitioner is that an advertisement was issued on 10/9/2009 for filling up of the post of AWW against the No. 274 Sunarigaon Anganwadi Centre (hereinafter Centre) in the district of Morigaon. The petitioner who claims to be a local resident applied for the same and was appointed vide an order dtd. 23/12/2009.

(3.) The aforesaid order of appointment dtd. 23/12/2009 was the subject matter of challenge in a writ petition WP(C)/471/2010 instituted by the respondent no. 6. This Court vide an order dtd. 20/5/2011 disposed of the said writ petition by directing the respondent no. 2 to consider the grievance within a period of two months. On such remand, the Director passed an order dtd. 30/11/2012 which according to the petitioner was never communicated to her and neither any notice preceding the same was issued to her. On the basis of the aforesaid order dtd. 30/11/2012, the CDPO, Bhurbanda ICDS Project issued an order dtd. 18/4/2013 whereby the petitioner was informed that her services as AWW has been terminated and she was asked to handover all necessary documents to the respondent no. 4.