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VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
Gitanjali Kalita – Appellant
Versus
State of Assam – Respondent
JUDGMENT :
N. UNNI KRISHNAN NAIR, J.
1. Heard Mr. Alhajj I. Uddin, learned counsel, appearing on behalf of the appellant. Also heard Ms. R.B. Bora, learned Junior Government Advocate, appearing on behalf of respondents No. 1 to 5 and Ms. A. Devi, Legal Aid Counsel, appearing on behalf of respondent No. 6.
2. The instant intra-Court appeal has been instituted by the appellant, herein, assailing the judgment & order, dated 09.08.2022, passed by the writ Court in WP (C) 4071/2018, dismissing the said writ petition holding that no enforceable rights of the petitioner came to be violated on account of issuance of the order, dated 02.06.2018, by the Director, Social Welfare, Assam, towards removing the petitioner from her engagement as an Anganwadi Worker (AWW) in Sunarigaon No. 24 Anganwadi Centre, Morigaon.
3. The present case has a chequered history, wherein, the issue with regard to the selection and appointment of an Anganwadi Worker (AWW) in Sunarigaon No. 24 Anganwadi Centre, Morigaon, was under litigation before this Court since the year 2010.
4. The respondent authorities, had, vide an Advertisement, dated 10.09.2009, invited applications from interested candidates, amongst others, f
The court upheld the termination of an Anganwadi Worker based on valid grounds, emphasizing the importance of adherence to government guidelines and the unsuitability of disputed facts for writ juris....
The court ruled that residency status is critical for eligibility as Anganwadi workers, reaffirming administrative decisions based on statutory qualifications must adhere to principles of fairness.
Principles of natural justice demand that before arriving at any decision which has serious implications and consequences to any person, such person must be heard in his or her defence.
The court emphasized that adherence to specific geographic eligibility criteria is essential for engagement under government schemes, and errors in defining service areas can invalidate selections.
The court ruled that the appointment of an Anganwadi Worker must adhere to government guidelines, and challenges to such appointments require timely action and proper standing.
Engagement orders in public service can be revised when based on a mistake, particularly if misrepresentation affects eligibility.
Termination of Anganwadi Workers must be done by the Appointing Authority, and the principles of natural justice must be followed.
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