NAYANMONI HAZARIKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. S.M. Sarma, learned counsel for the petitioner. Also heard Mr. T. Doloi, learned counsel appearing for the respondents No.1 to 5 for the Social Welfare Department of Govt. of Assam and Mr. P.J. Saikia, learned counsel for the respondents No.6 and 7.

(2.) An advertisement was issued from the office of the Child Development Project Officer (CDPO) dated 16.09.2019 inviting applications, amongst others, for the various posts of Anganwadi Worker and Anganwadi Helper under the Integrated Child Development Project (ICDP) Dhakuakhana. Pursuant thereof, the selection was held and the petitioners herein namely, Nayanmoni Hazarika and Mrs. Deboti Doley were appointed as Anganwadi Worker and Anganwadi Helper respectively by two orders both dated 11.03.2013 of the CDPO, Dhakuakhana. Without arraying the petitioners as respondents, the respondent Nos. 6 and 7 along with one Smti. Debajani Gogoi preferred WP(C) No.2324/2013. The said writ petition was given a final consideration by the order dated 27.06.2013 which is extracted hereunder:-

(3.) It is discernible from the order of 27.06.2013 that firstly the said order was passed as because the respondents in the Social Welfare Department had failed to provide necessary information to the Court as to why the petitioners therein were not appointed. Accordingly, a direction was issued to the CDPO, Dhakuakhana to issue necessary consequential engagement orders to the petitioners therein as Anganwadi Worker in their respective Anganwadi centres. We take specific note that although there was a direction to issue consequential engagement orders to the two petitioners therein ("respondents No.6 and 7 in the present petition") but there was no such order requiring the authorities to cancel the appointment already made in favour of the present petitioners. Be that as it may, by referring to the order dated 27.06.2013 in WP(C) 2324/2013, the Director of Social Welfare, Assam had communicated to the CDPO, ICDS Project requiring him to comply with the Court's order and submit an action taken report within 15 days. In the circumstance by the two orders dated 16.02.2015, the CDPO, ICDS Project, Dhakuakhana had cancelled the appointments of the petitioners Smti. Nayanmoni Hazarika as Anganwadi Helper and Smti. Deboti Doley as Anganwadi Worker. We again reiterate that neither the petitioners Nayanmoni Hazarika nor Mrs. Deboti Doley were arrayed as respondents in WP(C) 2324/2013 so as to make any direction contained therein applicable to the present petitioners.