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2025 DAILYLAW 12939 (GAU)

FARHANA BEGUM BARBHUIYA AND ANR v. THE STATE OF ASSAM AND 5 ORS

WP(C)/3841/2022 · 2025-03-19

Soumitra Saikia

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/4 GAHC010109782022 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/3841/2022 FARHANA BEGUM BARBHUIYA AND ANR DAUGHTER OF LATE AKADDAS ALI BARBHUIYA, RESIDENT OF VILLAGE- HARINAGAR PART-III, P.O. RAJATILLA, P.S. KATIGORAH, DISTRICT- CACHAR, ASSAM. 2: FAKRUN NESSA BARBHUIYA WIFE OF BURHAN UDDIN RESIDENT OF VILLAGE- HARINAGAR PART-II P.O. RAJATILLA P.S. KATIGORAH DISTRICT- CACHAR ASSAM VERSUS THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, SOCIAL WELFARE DEPARTMENT, DISPUR, GUWAHATI-06. 2:THE DIRECTOR SOCIAL WELFARE DEPARTMENT ASSAM UZAN BAZAR GUWAHATI-01. 3:THE DEPUTY COMMISSIONER DISTRICT- CACHAR ASSAM. PIN- 788001. 4:THE DISTRICT SOCIAL WELFARE OFFICER DISTRICT- CACHAR ASSAM. Page No.# 2/4 5:THE I/C CHILD DEVELOPMENT PROJECT OFFICER KATIGORAH ICDS PROJECT DISTRICT- CACHAR ASSAM PIN- 788805. 6:THE CIRCLE SUPERVISIOR KATIGORAH ICDS PROJECT DISTRICT- CACHAR ASSAM PIN- 788805 Advocate for the Petitioner : MR. B U LASKAR, Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA ORDER 20.03.2025 Heard Mr. B.U. Laskar, learned counsel for the petitioners. This writ petition is filed by the petitioners who claim to be employed as an Anganwadi worker and Anganwadi Helper in the year 2007 at C/No. 258 Harinagar Part-III (Tukargram) Anganwadi Centre under Katigorah ICDS Project in the district of Cachar, Assam. It is submitted that since the date of engagement petitioners were rendering services by setting up an Anganwadi Centre over a plot of land bearing Dag No. 499, Patta No. 107 situated at Revenue Village/Mouza-Harinagar Part-III. Sometime in the month of September, 2012, the CDPO, Katigorah ICDS Project verbally instructed the petitioners to work in the revenue village of Tukargram as additional work upto 2013. Accordingly, the petitioners also covered the revenue village of Tukargram as part of their additional work. Page No.# 3/4 The grievances of the petitioners are that as per the orders passed by the ICDS Officer/respondent No. 5, the petitioners were directed to work at their original place of work on the basis of enquiry reports. The petitioners submitted that their remunerations have been stopped with effect from 2020. Being aggrieved, they had approached this Court earlier by filing W.P(C) No. 1791/2022. The said writ petition came to disposed of by order dated 15.03.2022 permitting the petitioners to submit their representations to the concerned authorities with regard to their grievances within one week from the date of the order. The said representation if submitted was directed to be disposed of within a period of one month from the date of receipt of certified copy of the order and petitioners representations. Pursuant thereto the petitioners filed their representation dated 21.03.2022. It is the submissions of the petitioners that notwithstanding the direction contained in the order dated 15.03.2022 passed in W.P.(C) No. 1791/2022 and the representation dated 21.03.2022 filed by the petitioners, no orders were passed by the respondent authorities. Being aggrieved, the present writ petition has been filed. It is submitted by the order dated 10.06.2024, the petitioners have been terminated from the voluntary service of Anganwadi Worker and Anganwadi Helper respectively from the 258 No. harinagar Pt-III (Tukargram) Anganwadi Centre. This order was issued by the CDPO of Katigorah ICDS Project, Cachar. This order is not under challenge in the present proceedings. Under such circumstances, in terms of the earlier direction issued by this Court and pursuant to which the representation has been filed, the respondents will serve any copy of the order that may have been passed on the representation filed or if not passed then a speaking order be issued and a copy thereof be served Page No.# 4/4 on the petitioners. Since the termination order is not under challenge, the petitioners are at liberty to assail the same if so advise in the meantime. With the above observation, the writ petition stands closed. No order as to costs. JUDGE Comparing Assistant