IN THE HIGH COURT OF ORISSA AT CUTTACK W.P. (C) No. 19550 OF 2024 An application under Sections 226 and 227 of the Constitution of India.

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Saraswati Sahoo ...… Petitioner -Versus-

State of Odisha and Others ..…. Opp. Parties Advocate(s) appeared in this case :-

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For Petitioner : M/s. M. Das, P.S. Das, Advocate, Advocates For Opp. Parties : Mr. S.N. Patnaik, Addl. Government Advocate _______________________________________________________

CORAM:

JUSTICE SASHIKANTA MISHRA

J U D G M E N T

21.02.2025 SASHIKANTA MISHRA, J.

The petitioner has filed this writ petition seeking the following relief:-

“Under the aforesaid facts and circumstances, it is therefore, prayed that this Hon’ble Court may graciously be pleased to:

(i) admit and allow this Writ Application.

(ii) quash the Letter No.215 dt 12.03.2024, issued by the Sub-Collector, Bhubaneswar, opposite party No.2 by concurrently holding the same as bad, illegal and not sustainable in the eye of law and thereby direct the Opp. Party No.2 to extend the service period of petitioner as Anganwadi helper of Delta Paika Nagar Basti Anganwadi Center under CDPO (Urban-

I), Bhubaneswar in the interest of justice.

(iii) pass such other order(s) or issue direction(s) as may be deemed fit and proper in the bona fide interest of justice;

And for this act of kindness, the petitioner as in duty bound shall ever pray.”

2. The facts of the case are that the petitioner was engaged as Anganwadi Helper of Delta Paika Nagar Basti Angawadi Center after going through a regular selection process. Her date of retirement on attaining the age of 60 years was 01.01.2024. In the meantime, by notification dated 28.02.2019, the Government in Department of Women and Child Development decided to increase the age of disengagement of Anganwadi Helpers from 60 years to 62 years. Said notification was applicable for those retiring from the month of January, 2019 onwards. The Divisional Inspector of Dumduma Division by letter dated 03.10.2023 informed the petitioner of her impending date of superannuation and solicited application from her along with fitness certificate for her continuance beyond 60 years. The petitioner submitted her willingness along with medical certificate on 06.10.2023 before the CDPO. However, by letter dated 12.03.2024, the Sub-Collector, Bhubaneswar rejected the request for reengagement of the petitioner on the ground that she had not submitted her willingness two months ahead of her superannuation as per clarification issued by the Government vide letter dated 07.05.2022. Though the petitioner completed the age of sixty years on 01.01.2024, she claims to have continued as Anganwadi Helper in the center but was not paid remuneration for the same. She submitted representation to the C.D.P.O. in this regard on 15.07.2024. The Anganwadi Worker of the Center, by letter dated 23.07.2024 also certified that the petitioner is continuing as Helper in the said center. Since no action was taken, the petitioner approached this Court in the instant writ petition.

3. Counter affidavit has been filed by the CDPO (Opp. Party No.3), inter alia, stating that having regard to the date of completion of 60 years of age of the petitioner, she was given opportunity much before the stipulated period of two months vide letter dated 01.10.2023. The petitioner never submitted any application on 06.10.2023 with medical certificate as claimed by her. The medical certificate is itself issued on 14.02.2024. The petitioner actually submitted the application on 15.02.2024 enclosing the medical certificate dated 14.02.2024. It is further stated that Anganwadi Worker of the center is not authorized to allow the petitioner to work. Further, the Lady Supervisor also submitted a report upon field verification that the petitioner is not validly continuing as Helper. On 09.08.2024, the CDPO during her field visit, having found the petitioner to be available in the center, issued ne