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Orissa High CourtWP(C)/15199/2022disposed off

Sabitri Behera v. State Of Odisha

2022-06-22Mr. Justice V. Narasingh3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C) No. 15199 OF 2022 Sabitri Behera .........

Petitioner Mr. Aurovinda Mohanty, Adv.

-versusState of Odisha & Ors.

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

Opposite Parties Mr. P.Mohapatra, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

22.06.2022 Order No.

02.

1.

This matter is taken up through Hybrid Mode.

2.

Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.

3.

The grievance of the petitioner is that notwithstanding her willingness for extension of period of engagement as an Anganwadi Worker in Sriram Nagar-II Anganwadi Centre for a further period of two years beyond 60 years in terms of the guidelines issued by the Government of Odisha in the Department of Women & Child Development and Mission Shakti dated 2.03.2019 increasing the age of disengagement of Anganwadi Worker, a fresh advertisement has been issued for Anganwadi Worker of the centre in question.

4.

Earlier the petitioner had moved this Court by filing W.P.(C) No. 9477 of 2022 and by order dated 29.4.2022 was given liberty to prefer an application in the prescribed format to

the Sub-Collector, Khurda for continuance beyond the period of 60 as per the guidelines and it was further directed that the same shall be considered and disposed within a period of four weeks after giving opportunity of hearing to the petitioner and to communicate the decision taken thereon.

5.

It is submitted by the learned counsel for the petitioner that in terms of the order passed by this Court, the petitioner had preferred an application in the prescribed format and relying on Annexure-6 it is stated that such application in prescribed format was received by the authority on 2.06.2022, as it is evident from the seal affixed on the body of the said annexure. 6.

It is submitted that notwithstanding receipt of the application in the prescribed format, which is on record and without taking any decision in terms of the order passed by this Court fresh advertisement has been issued for filling up of the post of Anganwadi Worker of the centre in question. 7.

In the impugned advertisement dated 31.5.2022 at Annexure-7 the name of the centre in question has been reflected against serial No.4.

8.

It is submitted by the learned counsel for the State that on a bare perusal of the advertisement it is seen that the same was issued on 31.05.2022 before receipt the copy of the petitioner's application and as such there is no irregularity in issuance of such advertisement.

9.

This Court by order darted 29.04.2022 had clearly directed the concerned authority to consider the representation and communicate the decision to the petitioner.

10.

Admittedly the representation of the petitioner is still pending consideration.

11.

In view of the same the writ petition is disposed of directing the authorities to communicate the decision taken on the representation of the petitioner within a period of four weeks hence and till such decision is taken the selection pursuant to the advertisement at Annexure-7 shall not be finalized in respect of the Anganwadi Centre in question i.e., Sriram Nagar -II. 12.

The writ petition is accordingly disposed of. ( V.Narasingh ) Dhal Judge