Back
THE HIGH COURT OF GAUHATI (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
VIJAY BISHNOI, N. UNNI KRISHNAN NAIR
State of Assam – Appellant
Versus
Bobby Deka – Respondent
JUDGMENT :
N. Unni K Nair, J.
Heard Mr. Dilip Mazumdar, learned Addl. Advocate General, Assam, assisted by Ms. D. Devi, learned Government Advocate, appearing on behalf of the appellants. Also heard Mr. S. Kataki, learned counsel, appearing on behalf of respondents No. 1, 3, 4, 5, 6, 8, 9, 10, 11, 13, 15 & 17; and Mr. P. J. Dutta, learned counsel, appearing on behalf of respondents No. 2, 7, 12 & 16.
2. The appellants, herein, by way of instituting the present intra-Court appeal, have presented a challenge to a judgment & order, dated 20.06.2022, passed by the learned Single Judge in WP(c)7215/2018.
3. The brief facts requisite for adjudication of the issue arising in the present proceeding, is noticed as under:
The Government of India, vide a communication, dated 28.04.1995, had stipulated that 25% of the post figuring in the cadre of Supervisor would be so filled-up from amongst the Anganwadi Workers, who are matriculates and have an experience of 10 years of service as an Anganwadi Worker. In terms of the said stipulation, State Governments were required to amend the Recruitment Rules for Supervisors and make therein, provisio
Anganwadi Workers selected for Supervisor posts are entitled to substantive appointments and benefits retroactively from their initial engagement date, regardless of contractual arrangements.
A contractual appointment cannot preclude an eligible employee from being promoted to a regular cadre post if they meet the qualifications and service requirements, ensuring compliance with Articles ....
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 State/respondents have spectacularly failed to give any reason for appointing the candidates from the second list and not from the first list who had a reasonable expectation to be appointed. Fur....
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.
Selection guidelines take precedence over advertisements in recruitment processes, especially in cases involving designated community preferences.
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.
Guidelines for selection of Anganwadi Workers mandate that only Scheduled Tribe candidates from the designated area are eligible, superseding conflicting advertisements.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
