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2011 DAILYLAW 687 (ORI)

BIJAYALAXMI SAHOO v. STATE and ORS.

WP(C)/10139/2011 · 2026-08-13

Biraja Prasanna Satapathy

Writ Petition (Civil)body2011

Judgment text

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Page 1 of 3. IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No. 10139 of 2011 CNR No. ODHC010318932011 Bijayalaxmi Sahu ..... Petitioner Mr. A.R. Mishra, Advocate -versus- State of Odisha & Ors. ..... Opposite Parties Mr. C.K. Pradhan, AGA Mr. B.P. Chhualsingh, Advocate (Opp. Party No. 5) CORAM: THE HON'BLE MR. JUSTICE BIRAJA PRASANNA SATAPATHY ORDER 13.08.2026 Order No. 13 1. This matter is taken up through hybrid mode. 2. Mr. B.P. Chhualsingh, learned counsel appearing for Opp. Party No. 5 contended that Opp. Party No. 5 does not intend to contest the writ petition any further. 3. Heard Mr. A.R. Mishra, learned counsel appearing for the Petitioner and Mr. C.K. Pradhan, learned Addl. Govt. Advocate appearing for the Opp. Parties. 4. The present writ petition has been filed inter alia with the following prayer:- “Under the circumstances, it is therefore prayed that this Hon’ble Court be pleased to issue a writ in the certiorari, or any other appropriate writ, direction or order by setting aside the order dated 22.03.2011 as in Annexure-4 and the petitioner be allowed to continue Page 2 of 3. as the Anganwadi worker in the Ghadeisahi Anganwadi centre, under Krushna Prasad Block, Puri; And the Hon’ble Court may pass any other order/orders direction/directions as this Hon’ble Court may deem fit and proper; And for this act of kindness, the petitioner shall as in duty bound, ever pray.” 5. It is contended that pursuant to the advertisement issued by Opp. Party No. 4 on 14.12.2009 under Annexure-1, Petitioner was issued with the order of engagement by engaging her as Anganwadi Worker of Ghadeisahi A.W. Centre under ICDS, Krushnaprasad vide order dtd.22.02.2010 under Annexure-3. It is contended that challenging the selection and engagement of the Petitioner as Anganwadi Worker of the Centre, Opp. Party No. 5 preferred Anganwadi Appeal Case No. 23 of 2010. It is further contended that Opp. Party No. 3 without proper appreciation of the matter, passed the impugned order dtd.22.03.2011 in setting aside the selection and engagement of present Petitioner and with a direction to consider the candidature of Opp. Party No. 5 for her selection and engagement. 5.1. It is further contended that in view of the interim order passed by this Court on 20.04.2011, Petitioner is continuing as Anganwadi Worker of the Centre in question as on date. 6. Learned AGA on the other hand contended that since engagement of the Petitioner was challenged by Opp. Party No. 5 and her claim was allowed by Opp. Party No. 3 vide the impugned order and Petitioner since is continuing because of the interim order passed by Page 3 of 3. this Court, this Court can pass appropriate order considering the dispute involved. 7. Having heard learned counsel appearing for the Parties and considering the submission made, this Court finds that pursuant to the advertisement issued by Opp. Party No. 4 on 14.12.2009 under Annexure-1, Petitioner on being found eligible, was engaged as Anganwadi Worker of Ghadeisahi A.W. Centre w.e.f.22.02.2010 under Annexure-3. 7.1. However, challenging the selection and engagement of the Petitioner, Opp. Party No. 5 prefer and Anganwadi Appeal Case No. 23 of 2010. Even though such appeal was allowed vide order dtd.22.03.2011 under Annexure-4 and with a direction to consider the claim of Opp. Party No. 5, but because of the interim order passed by this Court on 20.04.2021, Petitioner is continuing as Anganwadi Worker of the Centre. 7.2. Considering the submission made by the learned counsel appearing for Opp. Party No. 5 that Opp. Party No. 5 does not intend to get the benefit in terms of the impugned order and since it is not disputed that Petitioner is continuing as Anganwadi Worker of the Centre in question as on date, this Court while disposing the writ petition, with quashing of the impugned order, permits the Petitioner to continue in the Centre in question as Anganwadi Worker. 8. The writ petition accordingly stands disposed of. (BIRAJA PRASANNA SATAPATHY) Judge Sneha