IMPORTANT POINT
The court recognized the disparity in pay between contractual and regular Child Development Project Officers, allowing for potential regularization of services as a one-time measure while emphasizing adherence to proper selection processes.

JUDGMENT :

(Kardak Ete, J.)

Heard Mr. K.N. Choudhury, learned senior counsel assisted by Mr. J. Patowary, learned counsel for the petitioners. Also heard Ms. M. Bhattacharjee, learned State counsel appearing for the respondents No. 1 to 4 and 6 and Mr. P. Nayak, learned Standing counsel, Finance Department, appearing for the respondent No.5.

2. By instituting this writ petition, the petitioners, who have been appointed as Child Development Project Officers (CDPOs in short) on contractual basis, have prayed for a direction to the respondent authorities to consider the claim of the petitioners for parity in pay with regular CDPOs and for a direction to frame a scheme for regularization of the service of the petitioners as CDPOs. The petitioners have also prayed for payment of arrears as well as the current salary of the petitioners.

3. The case of the petitioners, in nutshell, is that they are working as CDPOs under Integrated Child Development Services (ICDS in short) and posted in different parts of the State of Assam. The petitioners were appointed pursuant to the advertisement dated 09.01.2010 on contractual basis, initially for a period of one year and their services have been extended from time to time.

4. The ICDS Programme was launched on 02.10.1975. It is a centrally sponsored social welfare scheme for addressing health and malnutrition issues. The programme aims to improve the health, nutrition and education of children under six years of age, pregnant and lactating mothers and women of 16-44 years of age living in urban and rural background and tribal areas of the country. The CDPO is a key functionary of the scheme under ICDS. The CDPO is responsible for organization of service and also for determination and implementation of ICDS scheme at the field level. The post of CDPO is a gazetted post and the Central Government bears 90% of the expenditure for payment of salaries of CDPOs and rest 10% is borne by the State Government.

5. The Assam Social Welfare (Recruitment and Promotion) Service Order, 1994, provides that 60% post of CDPO in Social Welfare Department, Govt. of Assam is required to be filled up by direct recruitment and the rest 40% by way of promotion from the feeder cadre. There are 230 numbers of ICDS project in the State of Assam. In the year 2009-10, schemes were received by the Govt. of Assam for implementation of many new ICDS projects within a time frame, failing which, the posts would lapse. However, due to paucity of time and also considering the exigency, it was decided by the Government in the Social Welfare Department to appoint CDPOs on contractual basis as such, the department has advertised inviting application from eligible candidates having requisite qualification for filling up the posts of CDPO on contractual basis for a period of one year. The advertisement reflects for filling up of 9 (nine) posts of CDPOs, but also stipulated that the number of posts may go up. Accordingly, the petitioners were appointed after due selection process.

6. The aforesaid advertisement was put to challenge before this Court in WP(C) 2772/2010 filed by some officials of the department alleging that such advertisement would adversely effect their promotional avenue. This Court by the judgment and order dated 15.11.2010 disposed of the writ petition by negating the contention of the petitioners therein and allowing the authorities to go ahead with the selection process. The department, thereafter, conducted the selection process by increasing the number of posts from 9 to 22, wherein, total 22 candidates including the petitioners were appointed as CDPOs.

7. Mr. K.N. Choudhury, learned senior counsel for the petitioners, submits that on being satisfied that the service rendered by the petitioner and on successful implementation of various schemes under ICDS project, the services of the petitioners have been continued and extended from time to time and their fixed pay of Rs.10,000/-has been enhanced to Rs.20,000/-.