RINA BORAH Vs. STATE OF ASSAM

JUDGEMENT

(1.) Heard Mr. Sk. Muktar, the learned advocate for the petitioner. Also heard Mr. G. Pegu, learned Govt. Advocate for State respondents No.1 to 5, and Mr. A. Alam, learned Advocate for the respondent No.7. None appears on call for respondent No.6.

(2.) By this writ petition under Article 226 of the Constitution of India, the petitioner has prayed for a declaration that the action of the respondent No.5 to terminate the petitioner from her service was illegal, for setting aside the termination order dated 28.02.2012, and for a direction to the respondents to reinstate the petitioner in service as Anganwadi worker (AWW for short) with back wages.

(3.) The case of the petitioner, in brief, is that by an order dated 17.03.2001, the respondent No.5 i.e. the Child Development Project Officer, Bihali Child Development Project (CDPO for short) had appointed the petitioner as AWW at Bedetiguri Anganwadi Centre (Bedetiguri AWC for short). On the ground that the petitioner was not acceptable to the community, the respondent No.5 had terminated the service of the petitioner as AWW in Bedetiguri AWC by his letter under Memo No. CDPO(Bihali) E/2/2000-2001/ Bedetiguri AWC/398 dated 20.08.2012. It is also submitted that immediately thereafter, the petitioner had approached this Court and that by order dated 06.08.2012 passed in W.P.(C) 906/2012, this Court had disposed of the writ petition by directing the State respondents to take an appropriate decision in the matter in accordance with law and on the prayer for outstanding dues, this Court had directed that the respondents may do the needful. It is submitted that in the termination letter dated 20.08.2012, it was provided that the said order will be with effect from the date of the arrest of the petitioner on the charge of her husband's murder. It is projected that by virtue of the judgment and order dated 06.08.2015, passed by the learned Addl. Sessions Judge, FTC, Biswanath Chariali, Sonitpur, the petitioner was acquitted from the charges framed in Sessions Case No. 73/2012 under Section 302/201/34 I.P.C. arising out of G.R. Case No. 579/2010. Thereafter, by letter dated 20.01.2016, the petitioner had prayed before the Divisional Programme Officer, ICDS Cell, Tezpur for re-engagement as AWW at Bedetiguri AWC. As the concerned respondents had not responded to the said prayer, the present writ petition has been filed.