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GAHC010238602018

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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/8201/2018

ANJALI SEN D/O- LT PRASANNA SEN, R/O- VILL- PANJABI BASTI, P.O. AND P.S. LANKA, NAGAON, ASSAM, PIN- 782442

VERSUS

THE STATE OF ASSAM AND 5 ORS.

REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, SOCIAL WELFARE DEPTT., DISPUR, KAMRUP, ASSAM, PIN- 781006

2:THE DIRECTOR SOCIAL WELFARE DEPTT.

GOVT. OF ASSAM UZANBAZAR GHY

ASSAM PIN- 781001

3:THE DISTRICT SOCIAL WELFARE OFFICER NAGAON ASSAM

PIN- 782001

4:THE CHILD DEVELOPMENT PROJECT OFFICER LANKA ICDS PROJECT LANKA

NAGAON ASSAM

PIN- 782442

5:THE DY. COMMISSIONER NAGAON

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ASSAM PIN- 782001

6:MRS. RINKU RANI DAS W/O- RANJU KR. DAS

WARD NO. 1 PANJABI BASTI LANKA

NAGAON ASSAM

PIN- 78244

Advocate for the Petitioner : MR. A BARKATAKI, MR P BHARADWAJ

Advocate for the Respondent : GA, ASSAM, ALHAJJ INAM UDDIN (R6),MRS. R MOMTAZ (R6)

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BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR

ORDER

01.04.2026 Date :

Heard Mr. P. Bharadwaj, learned counsel, appearing for the petitioner. Also heard Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, appearing for the respondent nos.1, 2, 3 & 5, as well as Mr. A. I. Uddin, learned

counsel, appearing for the respondent no.6.

2. The petitioner by way of instituting the present writ petition has presented a challenge to the appointment of the respondent no.6 effected vide order dated 03.01.2016 as Anganwadi Worker in Panchbhandar Anganwadi Centre, Ward No.7,

Hojai, Nagaon.

3. The petitioner in the writ petition has projected that she was engaged as an Anganwadi Helper in Panchbandar Anganwadi Centre, Ward no.7 on 11.06.2007. She projects that in terms of the policy decisions arrived at in the matter, the petitioner is entitled, considering her length of service as well as educational qualification, for being considered for promotion to the post of Anganwadi Worker which is available in Anganwadi Centre situated within the Revenue village wherein,

the Anganwadi Center of the petitioner is so situated.

The petitioner submits that she had approached the respondent authorities for consideration of her case for promotion, however the respondent authorities proceeded to effect an engagement in respect of the vacant post of Anganwadi Worker available in the Anganwadi Centre, wherein, the petitioner was working, by way of direct recruitment. She submits that on conclusion of the process involved, the respondent no.6 was vide an order dated 28.02.2014, engaged as Anganwadi

Worker in the said Anganwadi Centre in the year 2016.

The petitioner being aggrieved by the appointment and also by raising an allegation that the respondent no.6, who was appointed as an Anganwadi Worker in

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Panchbhandar Anganwadi Centre, was not a resident within the coverage area of the said Anganwadi Centre, had approached the respondent authorities praying for interference with the said appointment of the respondent no.6. The same not being

considered, the petitioner had instituted the present writ petition.

4. The learned counsel for the petitioner by reiterating the facts noticed, hereinabove, has submitted that the petitioner had prayed before the respondent authorities for conducting an enquiry to ascertain the residential status of the respondent no.6 and thereafter to take appropriate steps in the matter. He submits that, in the event, the respondent no.6 is not found to be a resident within the coverage area of the Anganwadi Centre on the date of her engagement, such appointment would be mandated to be set aside and the resultant vacant post be

filled by considering the case of the petitioner, herein, for promotion.

5. Ms. M. Bhattacharjee, learned Additional Senior Government Advocate, appearing for the respondent nos.1, 2, 3 & 5, submits that the petitioner has raised an issue with regard to the residential status of the respondent no.6 and had projected that the respondent