Anjana Paikaray @ Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 13940 OF 2022 Anjana Paikaray @ Jena .........

Petitioner Mr. L.N.Rayatsingh, Adv.

-versusState of Odisha & Ors.

............

Opposite Parties Mr. P.Mohapatra, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

04.07.2022 Order No.

02.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner has approached this Court seeking the following relief.

"To allow this petition and be pleased to quash the advertisement No.696 dated 2.11.2021 and AWA No. 02/22 pending before the ADM, Puri, in the interest of justice."

4.

To appreciate the lis, it is apposite to state brief back-ground germane for adjudication.

5.

The petitioner who was working as Anganwadi Helper of Godakokala Anganwadi Centre being aggrieved by her non-promotion as Anganwadi Worker, in terms of the guidelines as she has putting the requisite number of

years approached this Court by filing W.P.(C) No. 35146 of 2021.

6.

By order dated 12.11.2021, this Court taking note of the contentions of the petitioner, directed the authorities to consider her claim. The operative part of the order of this Court dated 12.11.2021 is quoted hereunder.

"Considering the contentions raised by learned counsel for the parties and after going through the records, this Court disposes of the writ petition with an observation that if the petitioner has got five years of experience and requisite qualification subject to suitability pursuant to advertisement issued under Annexure5, her case be considered for appointment to the post of Anganwadi Worker in respect of Gadakokala Anganwadi Centre in accordance with law."

7.

It is submitted by the learned counsel for the petitioner that as the authorities did not implement this Court's order, she filed CONTC No. 7213 of 2021. 8.

It is stated at the bar that the petitioner was appointed as Anganwadi Worker against the promotional quota, Gadakokala Anganwadi Centre under the administrative control of Child Development Officer, Brahmagiri (O.P.No.3).

9.

It is submitted by learned counsel for the petitioner that assailing her appointment, opposite party No.5 preferred an appeal which is numbered as Anganwadi

Appeal Case No. 2 of 2022 and pending before the appellate authority, i.e., A.D.M., Puri.

10.

As such the prayer of the petitioner to quash the proceeding at the behest of opposite party No.5 ventilating her grievance relating to petitioner's appointment as Anganwadi Worker against the departmental quota cannot be entertained and the same accordingly stands rejected and consequentially the prayer to quash the advertisement for the post of Anganwadi Worker in Gadakokala Anganwadi Centre under Rayabidhar G.P. is also not maintainable.

11.

On a conspectus of materials on record, it is directed that the Appellate Authority shall dispose of the aforesaid appeal expeditiously.

12.

With the aforesaid observation the writ petitioner is disposed of. .

13.

Urgent certified copy of this order be granted as per rules.

( V.Narasingh ) Dhal Judge