Page No.# 1/8 GAHC010075902024 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2101/2024 KHIRA HAZARIKA AND 15 ORS. W/O- SRI JIBAN BORAH, R/O- VILL- GOBINDAPUR, P.O. AND P.S. -DHAKUAKHANA, DIST.- LAKHIMPUR, ASSAM, PIN- 787055. 2: RATNA BARUAH W/O- LATE DADHIRAM GOGOI R/O- VILL. AND P/O- MALABARI P/S- DHAKUAKHANA DIST.- LAKHIMPUR ASSAM PIN- 787055. 3: HEMANTI BARUAH @ HEMANTI BARUAH DUTTA W/O- LATE KHITISH DUTTA R/O- VILL. AND P.O.- GOBINDAPUR P/S- DHAKUAKHANA DIST.- LAKHIMPUR ASSAM PIN- 787055. 4: PADMAWATI PACHANI D/O- SRI JAGAT CHANDRA PACHANI Page No.# 2/8 R/O- VILL.- NO. 2 THEKERAGURI P/O- GOBINDAPUR P/S- DHAKUAKHANA DIST.- LAKHIMPUR ASSAM PIN- 787055. 5: DITPI CHAMUAH W/O- LATE RAM CHANDRA GOGOI R/O- VILL- DIGHALAGAON P/O- MANIKACHOWK P/S- DHAKUAKHANA DIST.- LAKHIMPUR ASSAM PIN- 787055. 6: MANJURI BORUAH W/O- LATE TANKESWAR SUT R/O- VILL.- GHAHIGAON P/O AND P/S- DHAKUAKHANA DIST.- LAKHIMPUR ASSAM PIN- 787055. 7: HIRANYA GOGOI W/O- SRI LAKHYESWAR PHUKAN R/O- VILL- GHONTAPARA P/O AND P/S- DHAKUAKHANA DIST.- LAKHIMPUR ASSAM PIN- 787055. Page No.# 3/8 8: GUNAWATI DOLEY W/O- LATE KHOGEN TAIS R/O- VILL.- DAKHIN CHAPORI P/O- GOBINDAPUR P/S- DHAKUAKHANA DIST.- LAKHIMPUR ASSAM PIN- 787055. 9: GUNA HANDIQUE W/O- SRI JITEN PHUKAN R/O- VILL.- SOYEGURI P/O- GHANTAPARA P/S- DHAKUAKHANA DIST.- LAKHIMPUR ASSAM PIN- 787055. 10: SABITA DOLEY D/O- LATE BIR CHAND DOLEY R/O- VILL.- KURIMARI P/O- SISIMUKH P/S- DHAKUAKHANA DIST.- LAKHIMPUR ASSAM PIN- 787055. 11: PABITRA BARUAH @ PABITRA DUTTA W/O- LATE BOLIN DUTTA R/O- VILL. NO. 1 THEKERAGURI P/O- GOBINDAPUR Page No.# 4/8 P/S- DHAKUAKHANA DIST.- LAKHIMPUR ASSAM PIN- 787055. 12: BIDYAWATI PEGU W/O- LATE BHUBAN PEGU R/O- VILL.- RANGKUP CHAPORI P/O- SISIMUKH P/S- DHAKUAKHANA DIST.- LAKHIMPUR ASSAM PIN- 787055. 13: JAYANTI (LABANYA) PHUKAN W/O- SRI ANURAM BARPATRA GOHAIN R/O- VILL.- GORKATA CHAMUAH GAON P.O. AND P.S.- MASKHOWA DIST.- LAKHIMPUR ASSAM PIN- 787055. 14: PADMA KUMARI DOLEY W/O- BESARAM PEGU R/O- VILL.- ARASUTI P/O- SISIMUKH P/S.- MASKHOWA DIST.- LAKHIMPUR ASSAM PIN- 787055. Page No.# 5/8 15: JAYKANTI GOGOI C/O- SRI THANESWAR DIHINGIA R/O- VILL- BORBAM GOHAIN GAON P/O. AND P/S.- MASKHOWA DIST.- LAKHIMPUR ASSAM PIN- 787055. 16: KUHUMI GOGOI W/O- SRI BUDHIN GOGOI R/O- VILL.- MAHEMARI P/O AND P/S - DHAKUAKHANA DIST.- LAKHIMPUR ASSAM PIN- 787055 VERSUS THE STATE OF ASSAM AND 3 ORS. TO BE REPRESENTED BY THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM, SOCIAL WELFARE DEPARTMENT, DISPUR, GUWAHATI- 6. 2:DIRECTOR SOCIAL WELFARE DEPARTMENT ASSAM GUWAHATI- 1. 3:DISTRICT SOCIAL WELFARE OFFICER LAKHIMPUR DIST.- LAKHIMPUR ASSAM PIN- 788001. 4:CHILD DEVELOPMENT PROJECT OFFICER DHAKUAKHANA LAKHIMPUR DISTRICT- LAKHIMPUR Page No.# 6/8 ASSAM. PIN- 788001. 5:COMMISSIONER AND SECRETARY TO THE GOVT. OF ASSAM FINANCE (B) DEPARTMENT DISPUR GUWAHATI- Advocate for the Petitioner : MR. M H RAJBARBHUIYAN, MS. S RASUL,MRS R CHETRI Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE NELSON SAILO ORDER 21-05-2025 Heard Mr. M. H. Rajborbhuiya, learned counsel for the petitioners and Mr. T. C. Chutia, learned Addl. Senior Govt. Advocate for the State respondent. 2. Having regard to the nature of the controversy projected in the instant case, the writ petition is taken up for disposal at this stage with the consent of the parties. 3. It is the case of the petitioners that they were engaged as either Anganwadi Workers or Anganwadi Helpers under the Child Development Project Officer, Dhakuakhana, Lakhimpur district in the years 1975, 1976 and 1977 and after rendering service for about 40-45 years continuously, they were released in the year 2015 and 2016 without any terminal benefits. It is the case of the petitioners that the State Government in the Social Welfare Department has come up with a notification dated 01.04.2022 (Annexure-2) by which terminal benefits have been recorded to the Anganwadi Wokers and Helpers. Page No.# 7/8 4. According the petitioners, similarly situated persons have been given terminal benefits but in respect of the petitioners as it was not given they have come before this Court seeking a direction to the respondent authorities to give them similar benefits. 5. Mr. T. C. Chutia, learned Addl. State Counsel submits that the notification dated 01.04.2022 is in the form of a scheme and has come into force w.e.f. 01.04.2022 and therefore, the petitioners, who have since being released from service way back in the year 2012 and thereafter will not be covered by the said scheme and that the instant writ petition having no merit should be dismissed. 6. Mr. M. H. Rajborbhuiya, learned counsel for the petitioners on the other hand by referring to the notification dated 01.04.2022 submits that if any question arises with regard to the interpretation of the provisions provided by the said notification, the decision of the State Government would be final. Therefore, the Director cannot take a decision with regard to the entitlement of the petitioners as was done vide the communication dated 01.02.2025 under Memo No. DWCD (LC) 17/2024/274 which was addressed to the Child Development Project Officer, Dhakuakhana ICDS Project, Lakhimpur. He therefore submits that it is for the State Government to take a decision in the matter with regard to the notification dated 01.04.2022. 7. Having regard to the above observations and without expressing anything on merit, the writ petition is disposed of by directing the respondents, more particularly the respondent no. 1, i.e. the Principal Secretary, Govt. of Assam, Social Welfare Department to take a decision in the matter as regards the applicability of the notification dated 01.04.2022 to the case of the petitioners. Page No.# 8/8 8. The respondent no. 1 shall take the decision as directed hereinabove within a period of 6 (six) weeks from the date of receipt of a certified copy of this order. 9. The petitioner shall also submit a copy of the writ petition along with all the annexures and the additional affidavit to the respondent no. 1 along with the certified copy of this order. 10. Writ petition stands disposed of. JUDGE Comparing Assistant