Sasmita Kuldeep v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
W.P.(C) No. 11433 of 2022 Sasmita Kuldeep ....
Petitioner Mr. M.K. Panda, Advocate -versusState of Orissa and others ....
Opposite Parties Mr. Karunakar Gaya, ASC CORAM: JUSTICE V. NARASINGH
ORDER
10.05.2022 Order No.
01.
1.
This matter is taken up through hybrid mode.
2.
Heard leaned counsel for the petitioner and learned counsel for the State.
3.
Petitioner is aggrieved by the selection of Anganwadi Worker in respect of Malimunda Anganwadi Centre, Komna block in the District of Nuapada under the administrative control of Opposite Party No.4 C.D.P.O. Komna.
4.
On a perusal of the guidelines annexed to the Writ Petition it is seen that the grievance of the petitioner can be redressed by preferring an appeal in terms of Clause-I under the heading 'Procedure' which has vested power in the Sub-Collector as Appellate Authority to dispose of complaints relating to selection of Anganwadi Workers for Tribal and Rural Projects. Since admittedly the present Centra under the Rural Project the Sub-Collector Opposite Party No.3 in the designated Appellate Authority.
5.
Since the petitioner has not availed the statutory grievance redressal mechanism and this Court is not inclined to entertain this application at this stage.
6.
Learned counsel for the petitioner submits that the selection in question though has taken place on 21.04.2022 is ex-facie against the guidelines as much as though the petitioner has secured highest mark vis-à-vis the selectee Opposite Party No.5. 7.
He undertakes to prefer an appeal ventilating his grievance before the Appellate Authority the Sub-Collector Nuapada Opposite Party No.3 within a period of ten days from today by filing an appeal. If such an appeal is filed, Opposite Party No.3 shall do well to dispose of the same within a period of six weeks from the date of filing of such appeal after giving opportunity of hearing to the petitioner as well as the affected party Opposite Party No.5. 8.
Till the disposal of the appeal by the appellate Authority Opposite Party No.3 status quo as on date relating to the appointment of Anganwadi Worker of Malimunda Anganwadi Centre, Komna block in the District of Nuapada shall be maintained. 9.
Since this order is passed at the stage of admission without hearing the Opposite Party No.5 it shall be open to said opposite party to seek various of this order.
10.
If the petitioner does not prefer the appeal within the time stipulated by this Court this order shall stand recalled. 11.
The writ stands disposed of accordingly.
(V. NARASINGH) Judge Santoshi