BOBBY DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) The instant case has a chequered history of almost three decades. The semblance of right which had accrued in favour of the petitioners saw the light of the day in the year 1995 itself and the final fruit of such action is yet to be received by the stake holders who, in the instant case are the petitioners.

(2.) The petitioners who are 17 in numbers have invoked the writ jurisdiction of this Court by filing the present petition under Article 226 of the Constitution of India by which they have prayed for giving them all the benefits which are otherwise given to Supervisors appointed in the Social Welfare Department, Government of Assam. At the outset, the learned counsel for the petitioners has clarified that due to typographical mistake, the name of the petitioner no. 11 has been typed out as Ms. Machina Khatun which should be Ms. Hachina Khatun. Accordingly, the name of the petitioner no. 11 may be read as Ms. Hachina Khatun.

(3.) The Central Government had introduced a scheme mainly for welfare of children called the Integrated Child Development Scheme (ICDS) and to man the said scheme numerous posts were introduced. In the lower ladder, the posts of Anganwadi Helper and Anganwadi Worker exist. The petitioners herein were all Anganwadi Workers. Earlier, there was no scope for promotion from Anganwadi Worker to the posts of Supervisors. In this connection, the Central Government in the Ministry of Human Resource Development, Department of Women and Child Development had issued a communication dtd. 28/4/1985 to the ICDS of different States. As per the said communication, the decision of the Government to reserve certain percentage of posts of Supervisors was conveyed. It was specifically conveyed that a decision has been taken to reserve minimum 25% of posts of Supervisors for selection from Anganwadi Workers who are matriculates and have put in minimum of 10 years of service. The State Governments were accordingly directed to amend the recruitment rules by providing that 25 % of Supervisors shall be recruited from amongst the Anganwadi Workers.