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IN THE HIGH COURT OF ORISSA AT CUTTACK
KRISHNA SHRIPAD DIXIT, CHITTARANJAN DASH
State of Odisha – Appellant
Versus
Subasini Das – Respondent
JUDGMENT :
Chittaranjan Dash, J.
1. By means of this Intra-Court Appeal, the Government and its functionaries lay a challenge to the order dated 09.08.2024 passed by the learned Single Judge in W.P.(C) No.21977 of 2014, wherein the learned Court having favoured the prayer of the Writ Petitioner ordered as follows:-
“10. It is stated at the bar that the petitioner has in the meantime retired on attaining the age of superannuation. Therefore, having held as above, the only relief that can be granted at this stage to the petitioner is by directing the concerned authority to pay her the regular scale of the pay from date she was entitled to hold the same on regular basis till the date of her retirement.
11. The writ application is disposed of directing the Opposite Party No. l and 2 to pass necessary orders to grant regular salary to the petitioner in the scale of pay of Rs. 9,300/- 34,800/- with grade pay of Rs. 4,200/- with all subsequent pay revision as may have occurred from the date she was appointed as Anganwadi Supervisor on contractual basis till the date of her retirement. Such payment shall obviously be made by deducting the amount paid to her towards contractual remuneration. Si
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 ....
Anganwadi Workers selected for Supervisor posts are entitled to substantive appointments and benefits retroactively from their initial engagement date, regardless of contractual arrangements.
State cannot discriminate by granting contract appointments to successful litigants from same selection process while providing regular appointments to others, violating Article 14 equality.
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.
The main legal point established in the judgment is that the Government Resolution dated 13.12.2005 did not discriminate, and the procedure for promotion was undertaken by two separate establishments....
Promotion eligibility for Anganwadi Workers is confined to residents of the same revenue village, as per guidelines.
Termination of Anganwadi Workers must be done by the Appointing Authority, and the principles of natural justice must be followed.
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