Saraswati Panigrahi v. Addl.Dist.Magistrate

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.A. No.251 of 2014 Saraswati Panigrahi ....

Appellant Mr. A. Das, Advocate -versusAdditional District Magistrate, Balasore and others ....

Respondents Mr. M. K. Khuntia, AGA

CORAM:

THE CHIEF JUSTICE JUSTICE CHITTARANJAN DASH Order No.

ORDER

19.09.2022 06.

1. The challenge in this writ appeal is to an order dated 12th May, 2014 passed by the learned Single Judge dismissing the Appellant's writ petition i.e. W.P.(C) No.4505 of 2012 whereby the Appellant had challenged an order dated 8th July, 2011 passed by the Additional District Magistrate, Balasore in Anganwadi Appeal Case No.95 of 2010 whereby the challenge raised by Respondent No.4 to the engagement of the present Appellant as Anganwadi Worker of Kanpur Anganwadi Centre was upheld.

2. The Appellant has been out of service from the impugned order since apparently during pendency of the writ petition, there was an interim order. In effect, therefore, for over 8 years now, the Appellant has been out of service.

3. In the meanwhile, with there being no interim order in the writ appeal, a fresh selection would have been held for filling up of the post of Anganwadi Worker at the Kanpur Anganwadi Centre. No

attempt has been made to implead the selected person as a partyRespondent in the present appeal.

4. Given this development, the Court is not prepared to entertain the writ appeal at this stage as it would only add to further confusion. Consequently, the Court is not inclined to interfere with the impugned order.

5. The appeal is accordingly dismissed.

(Dr. S. Muralidhar) Chief Justice (Chittaranjan Dash) Judge M. Panda