Research › Search › Judgment

Gauhati High Court · body

2025 DAILYLAW 19590 (GAU)

PANCHAMI RABHA DAS AND 77 ORS. v. THE STATE OF ASSAM AND 2 ORS.

WP(C)/6077/2023 · 2025-06-17

N Unni Krishnan Nair

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Page No.# 1/23 GAHC010212362023 2025:GAU-AS:8179 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6077/2023 PANCHAMI RABHA DAS AND 77 ORS. WIFE OF TARUN CHANDRA DAS, RESIDENT OF VILLAGE- BAPU PART PART-II, POST OFFICE- AGIA, DISTRICT- GOLAPARA, ASSAM, PIN- 783120. 2: GITANJALI DEKA WIFE OF LATE CHAKRADHAR DEKA RESIDENT OF VILLAGE- BEZERA POST OFFICE- BEZERA DISTRICT- KAMRUP ASSAM PIN- 781121. 3: KALPANA DAS WIFE OF JYOTIRMOY KALITA RESIDENT OF VILLAGE- MURARA POST OFFICE- RANGIA DISTRICT- KAMRUP ASSAM PIN- 781354. 4: FATEMA KHATUN WIFE OF ABDUL AJIJ MIAH RESIDENT OF VILLAGE- SUTARPARA POST OFFICE- SUTARPARA DISTRICT- GOALPARA ASSAM PIN- 783125. 5: SUMITRA SARKAR WIFE OF HARENDRA NATH DAS Page No.# 2/23 RESIDENT OF VILLAGE- GANAKPARA POST OFFICE- MAKRIKUCH DISTRICT- BARPETA ASSAM PIN- 781305. 6: RANJITA BAISHYA WIFE OF SHANKAR CHANDRA ROY RESIDENT OF VILLAGE- PAKABETBARI POST OFFICE- JARABARI DISTRICT- BARPETA ASSAM PIN- 781314. 7: FAZILA AKTARA WIFE OF KHANDAKAR AKTAR HUSSAIN RESIDENT OF VILLAGE- GALIA POST OFFICE- GAREMARI DISTRICT- BARPETA ASSAM PIN- 781314. 8: BARNALI DAS WIFE OF NOBIN PATHAK RESIDENT OF VILLAGE- BAMUN BARADI POST OFFICE- BARPETA DISTRICT- BARPETA ASSAM PIN- 781301. 9: MAMTAZ BEGUM WIFE OF TAMSER ALI RESIDENT OF VILLAGE- BAMUNDONGRA POST OFFICE- HABIDONGRA DISTRICT- BARPETA ASSAM PIN- 781308. 10: NASIMA EASMIN WIFE OF AYUB ALI MOLLAH RESIDENT OF VILLAGE- KALGACHIA POST OFFICE- KALGACHIA Page No.# 3/23 DISTRICT- BARPETA ASSAM PIN- 781319. 11: SANIWARA AKTER WIFE OF ASSADULLAH GALEB RESIDENT OF VILLAGE- SONPURA POST OFFICE- JANIA DISTRICT- BARPETA ASSAM PIN- 781314. 12: RUPANJALI CHOUDHURY WIFE OF AJIT TALUKDAR RESIDENT OF VILLAGE- NIZ BAHARI POST OFFICE- NIZ BAHARI DISTRICT- BARPETA ASSAM PIN- 781302. 13: RINA BORAH WIFE OF LATE KAMESWAR BORAH RESIDENT OF VILLAGE- RAJABARI POST OFFICE- RAJABARI DISTRICT- BISWANATH ASSAM PIN- 784172. 14: TARANI BASUMATARY WIFE OF BIPIN GOYARI RESIDENT OF VILLAGE- ALUPARA POST OFFICE- ALUPARA DISTRICT- BISWANATH ASSAM PIN- 784174. 15: TARULATA BHARALI WIFE OF BONGSHI BARUAH RESIDENT OF VILLAGE- MAJIKUCHI POST OFFICE- MAJIKUCHI DISTRICT- BISWANATH ASSAM PIN- 784172. Page No.# 4/23 16: TARAMAI BORAH WIFE OF TOSHESWAR DUWARAH RESIDENT OF VILLAGE- DHENUDHARO PATHER POST OFFICE- GOHPUR DISTRICT- BISWANATH ASSAM PIN- 784168. 17: KHIRA GOGOI WIFE OF HEMKANTA BORAH RESIDENT OF VILLAGE- NAPAMUWA POST OFFICE- HOWAJAN DISTRICT- BISWANATH ASSAM PIN- 784169. 18: KALAPNA MEDHI DOLEY WIFE OF LAKHI PRASAD DOLEY RESIDENT OF VILLAGE- DILAPAKHARA POST OFFICE- KAMDEWAL DISTRICT- BISWANATH ASSAM PIN- 784169. 19: RUPAJYOTI KAMAN WIFE OF BISWASING PATIRI RESIDENT OF VILLAGE- PAKEN POST OFFICE- PAKEN DISTRICT- BISWANATH ASSAM PIN- 784168. 20: KUSUM SAIKIA WIFE OF DHARMESWAR BAISHYA RESIDENT OF VILLAGE- HELEM POST OFFICE- HELEM DISTRICT- BISWANATH ASSAM PIN- 784170. 21: SHARMILA PEGU WIFE OF SANJOY KUTUM Page No.# 5/23 RESIDENT OF VILLAGE- RANGAJAN POST OFFICE- RANGAJAN DISTRICT- BISWANATH ASSAM PIN- 784178. 22: KALPANA DAS WIFE OF TARUN BORAH RESIDENT OF VILLAGE- MARANABARI POST OFFICE- DIPORAPUKHURI DISTRICT- BISWANATH ASSAM PIN- 784172. 23: SOKINA KHATUN WIFE OF MOHIRUDDIN AHMED RESIDENT OF VILLAGE- CHOWKATOLA POST OFFICE- GOURNAGAR DISTRICT- GOALPARA ASSAM PIN- 783132. 24: GITA DAS DAUGHTER OF ARUN CHANDRA DAS RESIDENT OF VILLAGE- NO. 2 DOBOK POST OFFICE- DOBOK DISTRICT- KAMRUP ASSAM PIN- 781380. 25: HEMLATA DAS WIFE OF ABANIJIT KALITA RESIDENT OF VILLAGE- DEWDUAR POST OFFICE- DEWDUAR DISTRICT- KAMRUP ASSAM PIN- 781101. 26: PADUMI BAISHYA WIFE OF NAGEN LAHKAR RESIDENT OF VILLAGE- SUNDHIA POST OFFICE- RANGIA Page No.# 6/23 DISTRICT- KAMRUP ASSAM PIN- 781354. 27: PRAMILA DAIMARY DAUGHTER OF GANDHI RAM DAIMARY RESIDENT OF VILLAGE- PHAKIR PARA POST OFFICE- DHANUBHANGA DISTRICT- GOALPARA ASSAM PIN- 783130. 28: DIPALI BORO WIFE OF PHULESWAR BORO RESIDENT OF VILLAGE- GONDHMAW POST OFFICE- GONDHMAW DISTRICT- KAMRUP ASSAM PIN- 781103. 29: REJIMA BEGUM WIFE OF TAHIDUR RAHMAN RESIDENT OF VILLAGE- DAMPUR POST OFFICE- DAMPUR DISTRICT- KAMRUP ASSAM PIN- 781102. 30: DALIMI RABHA DAUGHTER OF LATE DEURI RAM RABHA RESIDENT OF VILLAGE- BONGAON POST OFFICE- BELTOLA DISTRICT- KAMRUP (METRO) ASSAM PIN- 781028. 31: BIRODA BORO WIFE OF RAKHAL SWARGIARY RESIDENT OF VILLAGE- AHOMGAON POST OFFICE- GARCHUK DISTRICT- KAMRUP (METRO) ASSAM PIN- 781035. Page No.# 7/23 32: MAINAMOTI KAMAN WIFE OF BROJEN PEGU RESIDENT OF VILLAGE- NO.2 BOTAMULI POST OFFICE- PAKEN DISTRICT- BISWANATH ASSAM PIN- PIN- 784168. 33: BHANUWARA BEGUM WIFE OF SHAHJAHAN ALI RESIDENT OF VILLAGE- BHELLA POST OFFICE- BHELLA DISTRICT- BARPETA ASSAM PIN- 781309. 34: MAINA DEORI WIFE OF NAREN DEORI RESIDENT OF VILLAGE- BORDEORI RAIDONGIA POST OFFICE- NARAYANPUR DISTRICT- LAKHIMPUR ASSAM PIN- 784164. 35: RENU TAID WIFE OF BABA DOLEY RESIDENT OF VILLAGE- ACHCRAKATA MOHARI CHUK POST OFFICE- ACHERAKATA BALIJAN DISTRICT- LAKHIMPUR ASSAM PIN- 787052. 36: RENU DAIMARI WIFE OF PAUL DOLEY RESIDENT OF VILLAGE- INDURGAON POST OFFICE- JUGISUTI DISTRICT- LAKHIMPUR ASSAM PIN- 787055. 37: SABITRI PEGU WIFE OF ANKUR DOLEY Page No.# 8/23 RESIDENT OF VILLAGE- SILAPATHAR SILABORGULI POST OFFICE- SILAPATHAR DISTRICT- DHEMAJI PIN- 787059. 38: JABIN AKTARA BEGUM WIFE OF MAINUL HAQUE RESIDENT OF VILLAGE- BHER BHERI POST OFFICE- DHUPAGURI DISTRICT- NAGON ASSAM PIN- 782123. 39: MINOTI DEVI WIFE OF KAMALA KANTA NATH RESIDENT OF VILLAGE- PACHANIJAR KAMPUR POST OFFICE- KAMPUR DISTRICT- NAGAON ASSAM PIN- 782426. 40: KUWALI SAIKIA WIFE OF KRISHNA SAIKIA RESIDENT OF VILLAGE- BORBHAGIA POST OFFICE- JAMUGURI DISTRICT- SONITPUR ASSAM PIN- 784180. 41: CHITRA BRAHMA WIFE OF KANTESWAR RAMCHIARY RESIDENT OF VILLAGE- RATANPUR POST OFFICE- DIGHELI DISTRICT- NALBARI ASSAM PIN- 781371. 42: DIPALI DAS WIFE OF ABONI DAS RESIDENT OF VILLAGE- NAKHETI POST OFFICE- KAMAR KUCHI DISTRICT- NALBARI Page No.# 9/23 ASSAM PIN- 781347. 43: MINAARA BEGUM WIFE OF RIYAJUDDIN AHMED RESIDENT OF NALBARI POST OFFICE- NALBARI DISTRICT- NALBARI PIN- 781335. 44: SONALI SAHA WIFE OF DEBANAND THAKUR RESIDENT OF VILLAGE- TOKRERCHARA PART-IV W/NO. 01 DISTRICT- DHUBRI PIN- 783324. 45: MINA RANI RAY WIFE OF BISWAJIT RAY RESIDENT OF VILLAGE- KHEKSIALI POST OFFICE-DEBOTTER HASDAHA DISTRICT- DHUBRI PIN- 783334. 46: ROKEYA KHATUN WIFE OF AZIZUL ISLAM RESIDENT OF VILLAGE- KISMAT HASDAHA PART-IV POST OFFICE- KISMAT HASDAHA DISTRICT- DHUBRI ASSAM PIN- 783334. 47: MONOWARA BEGUM WIFE OF SOKIOT ULLAH SHEIKH RESIDENT OF VILLAGE- DHARMASALA PART-V POST OFFICE- DHARMASALA DISTRICT- DHUBRI ASSAM PIN- 783324. 48: HALIMA KHATUN WIFE OF MATIOR RAHMAN Page No.# 10/23 RESIDENT OF VILLAGE- DALSINGHERALGA PART-I POST OFFICE- ASHARI KANDI DISTRICT- DHUBRI ASSAM PIN- 783331. 49: SONEKA BEGUM D/O- REAZUDDIN SORKAR RESIDENT OF VILLAGE- BOALKAMURI PART-I POST OFFICE- BARKANDA DISTRICT- DHUBRI ASSAM PIN- 783348. 50: AYSHA KHATUN WIFE OF PIAR ALI RESIDENT OF VILLAGE- BANIAMARI PART-4 POST OFFICE- MAKRIJARA DISTRICT- DHUBRI ASSAM PIN- 783349. 51: MUSLIMA BEGUM WIFE OF SAMSUL HUDA RESIDENT OF VILLAGE- HATIPOTA PART-II POST OFFICE- BILASIPARA DISTRICT- DHUBRI ASSAM PIN- 783348. 52: DWIPALI ROY WIFE OF SIBENDRA NATH RAY RESIDENT OF GAURIPUR WARD NO.1 POST OFFICE- GAURIPUR DISTRICT- DHUBRI ASSAM PIN- 783331. 53: RUNU BHUYAN WIFE OF LATE CHITTARANJAN BHUYAN RESIDENT OF VILLAGE- NAMSHALA POST OFFICE- NAMSHALA (SARTHEBARI) DISTRICT- BARPETA Page No.# 11/23 ASSAM PIN- 781307. 54: SADHANA BALA RAY WIFE OF KANU RAY RESIDENT OF VILLAGE- KERAJ DAOBHANGI POST OFFICE- RUPSHI DISTRICT- DHUBRI ASSAM PIN- 783331. 55: SAHIDA BEGUM WIFE OF ABU BAKKAR SIDDIQUE RESIDENT OF VILLAGE- KHRAJ DAOBHANGI POST OFFICE- RUPSHI DISTRICT- DHUBRI ASSAM PIN- 783331. 56: DIPA RANI DEKA WIFE OF JATINDRA NATH PATHAK RESIDENT OF VILLAGE- SIALMARI POST OFFICE- TIHU DISTRICT- NALBARI ASSAM PIN- 781371. 57: ANIMA KUTUM WIFE OF PRABIN KUMAR PEGU RESIDENT OF VILLAGE- BATHA KHANA POST OFFICE- BONPURAI DISTRICT- LAKHIMPUR ASSAM PIN- 784165. 58: PHULANI NARAH WIFE OF MOHAN CHANDRA MILI RESIDENT OF HOLIKUCHI POST OFFICE- MATIKHULA DISTRICT- DHEMAJI PIN- 787057. 59: REETA LAHKAR Page No.# 12/23 WIFE OF BALEN GOSWAMI RESIDENT OF LAXMI MARKET COLLEGE ROAD POST OFFICE- PATHSALA DISTRICT- BARPETA ASSAM PIN- 781325. 60: PRANITA PATHAK LAHKAR WIFE OF AKHIL LAHKAR RESIDENT OF VILLAGE- AMRI KHOWA POST OFFICE- AMRIKHOWA DISTRICT- BARPETA ASSAM PIN- 781307. 61: ANOWARA BEGUM WIFE OF ISMAIL HUSSAIN RESIDENT OF VILLAGE- KEUTKUCHI POST OFFICE- KEUTKUCHI DISTRICT- BARPETA ASSAM PIN- 781309. 62: GANEMA BEGUM WIFE OF MAINUDDIN AHMED RESIDENT OF VILLAGE- BHOKUATEPA POST OFFICE- RAULY DISTRICT- BARPETA ASSAM PIN- 781311. 63: RAHENA KHATUN WIFE OF RAHMAT ALI RESIDENT OF VILLAGE- BANIAMARI PART-III POST OFFICE- MAKRIJHORA DISTRICT- DHUBRI ASSAM PIN- 783349. 64: ARPANA SAIKIA WIFE OF BHABEN DUTTA Page No.# 13/23 RESIDENT OF VILLAGE- TOWN BANTOW BISHNU NAGAR WARD NO.14 POST OFFICE- KHELMATI DISTRICT- LAKHIMPUR ASSAM PIN- 787031. 65: SWAPNA NEOG BORAH WIFE OF MADHAB BORAH RESIDENT OF VILLAGE- SAWKUCHI POST OFFICE- DIRKRONG DISTRICT- LAKHIMPUR ASSAM PIN- 784164. 66: KUNJA DEVI WIFE OF NARENDRA SARMAH RESIDENT OF VILLAGE- NIZ BARAMPUR POST OFFICE- BARAMPUR DISTRICT- DARRANG ASSAM PIN- 784144. 67: NAMITA GOSWAMI WIFE OF MUKUNDA CH SARMAH RESIDENT OF VILLAGE- VIDYANAGAR POST OFFICE- MANGALDOI DISTRICT- DARRANG ASSAM PIN- 784125. 68: PURABI DAS BORAH WIFE OF RABIN BORAH RESIDENT OF GATANGA PATHAK CHUBURI POST OFFICE- BALIPUKHURI TINIALI DISTRICT- SONITPUR PIN- 784154. 69: BANTI GOWALA WIFE OF RATUL BORAH RESIDENT OF VILLAG- POKHIAJHAR POST OFFICE- BINDUKURI Page No.# 14/23 DISTRICT- SONIPUR ASSAM PIN- 784154. 70: GUNITA NARZARY WIFE OF LOHIT MECH RESIDENT OF VILLAGE- DHEKIDAL POST OFFICE- GHORAMARI DISTRICT- SONITPUR ASSAM PIN- 784105. 71: MANIKA DEVI DAUGHTER OF LATE BODH PRASAD NATH RESIDENT OF VILLAGE- DHEKIAJULI POST OFFICE- DHEKIAJULI DISTRICT- SONITPUR ASSAM PIN- 784110. 72: SABITA KALITA WIFE OF JITEN TALUKDER RESIDENT OF VILLAGE- BARBUKIA POST OFFICE- ATHGHARIA DITRICT- NALBARI PIN- 781347. 73: RENU KALITA WIFE OF ASWINI KR DEKA RESIDENT OF VILLAGE- HABERIKURA POST OFFICE- PUTHIMARI DISTRICT- KAMRUP ASSAM PIN- 781380. 74: RUBI BEGUM WIFE OF ALTAF HUSSAIN RESIDENT OF VILLAGE- DUMUNICHOWKI POST OFFICE- MARUACHOWKI DISTRICT- DARRANG ASSAM PIN- 784145. 75: POPI RAJKHOWA Page No.# 15/23 WIFE OF DINAMONI OZA RESIDENT OF VILLAGE- RAIDANGIA POST OFFICE- RAIDANGIA DISTRICT- LAKHIMPUR ASSAM. 76: NIRUPAMA DEKA WIFE OF KESHAB DEKA RESIDENT OF VILLAGE- NO.2 KOPATI GRANT POST OFFICE- KOPATI DISTRICT- DARRANG ASSAM PIN- 784113. 77: NIKUNJA BORUAH DUTTA WIFE OF JITUL DUTTA RESIDENT OF HARMUTTY POST OFFICE- MARBIL DISTRICT- LAKHIMPUR ASSAM PIN- 784160. 78: RIJUMANI PATOWARY WIFE OF NETRARANJAN DAS RESIDENT OF VILLAGE- DHALAIBIL POST OFFICE- NAHARBARI DISTRICT- SONITPUR ASSAM PIN- 784182. 79: PUNYA PROVA CHANGMAI WIFE OF MONAJ GOGOI RESIDENT OF VILLAGE- BONTOW BONGALI POST OFFICE- HATILUNG DISTRICT- LAKHIMPUR ASSAM PIN- 787031. 80: NABAJYOTI GOHAIN WIFE OF GOBIN LAHON RESIDENT OF NAPAM RONG PURIA POST OFFICE- LILABARI Page No.# 16/23 DISTRICT- LAKHIMPUR PIN- 787051. 81: HIMADRI BORAH WIFE OF JADAV SAIKIA RESIDENT OF VILLAGE- HINDU GAON POST OFFICE- NORTH LAKHIMPUR DISTRICT- LAKHIMPUR PIN- 787001. 82: FARIDA KHATUN WIFE OF ABDUL MATIN TALUKDAR RESIDENT OF VILLAGE- ROWMARI POST OFFICE- MAJGAON DISTRICT- BARPETA ASSAM PIN- 781313. 83: KANIKA DAS C/O- LATE JOY RAM DAS RESIDENT OF VILLAGE- PHULGURI POST OFFICE- SIKERHATI DISTRICT- KAMRUP ASSAM PIN- 781125. 84: NURJAHAN BEGUM WIFE OF MATIAR RAHMAN RESIDENT OF BIDYAPARA PART-II POST OFFICE- KHALILPUR DISTRICT- DHUBRI ASSAM PIN- 783325. 85: MOHILA KHATUN W/O- AYUB HUSSAIN MONDAL RESIDENT OF VILLAGE- SHILOHAGRI POST OFFICE- HOWRARPAR DISTRICT- DHUBRI ASSAM PIN- 783324 VERSUS Page No.# 17/23 THE STATE OF ASSAM AND 2 ORS. REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, ASSAM, DISPUR, GUWAHATI-06. 2:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT ASSAM DISPUR GUWAHATI-06. 3:THE DIRECTOR WOMEN AND CHILD DEVELOPMENT ASSAM UZANBAZAR GUWAHATI-01 Advocate for the Petitioner : MR. M AHMED, MD I H LASKAR Advocate for the Respondent : GA, ASSAM, BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : Date: 18.06.2025 Heard Mr. M. Ahmed, learned counsel for the petitioners. Also heard Mr. R. Dhar, learned counsel representing for the State respondents. 2. The petitioners, by way of instituting the present proceeding, have prayed for a direction upon the respondent authorities for the following reliefs: - In the premises aforesaid, it is most respectfully prayed that Your Lordships would be pleased to admit this writ petition, call for the records, issue a Rule calling upon the respondents to show cause as to why: - I) A writ in the nature of Mandamus should not be issued directing the respondent authorities to provide the benefit of a regular appointment to the Page No.# 18/23 petitioners from the date of their initial appointment as Supervisor, i.e., 06.02.2016. II) A writ in the nature of Mandamus and/or any other writ of like should not be issued directing the respondent authorities to provide all the consequential benefits, which the petitioners are entitled to, from the date of their initial appointment as Supervisor, i.e., 06.02.2016. and/or cause or causes being shown, upon hearing parties, on perusal of the records be pleased to make the Rule absolute, and/or pass such further order/orders as Your Lordships may deem fit and proper. 3. As projected in the present proceeding, the petitioners were engaged as Anganwadi Worker in different Anganwadi Centres. The Central Government in the Ministry of Human Resource Development Department of Women and Child Development had issued a Notification dated 28.04.1985 to the different Integrated Child Development Projects operationalized in different States to reserve certain percentage of posts of supervisors, for being filled up by recruitment from amongst Anganwadi Workers who had the matriculation qualification and had put it a minimum of 10 years of service. The said provision with regard to recruitment of Anganwadi Workers against the post of Supervisors in the State of Assam was so notified only in the year 2012 vide issuance of a Notification dated 04.06.2012. However, it is projected that even after the issuance of said Notification dated 04.06.2012, no action was taken by the authorities for considering the cases of eligible Anganwadi Workers for recruitment against the post of Supervisors. 4. The Association representing the petitioners herein had approached this Court by way of filing a writ petition being W.P.(C) No. 4862 of 2015. This Court upon considering the issues arising in the said writ petition, and also by recording the submissions of the departmental counsel that the process for appointment of eligible Anganwadi Workers to the cadre of Supervisors, was under process and would be Page No.# 19/23 completed by 31.12.2015, proceeded to dispose of the writ petition by directing the State respondents to complete the process involved. 5. It is projected that the petitioners on their selection for appointment against the posts of Supervisors were vide an order dated 06.02.2016, issued by the Director of Social Welfare Department, Assam, appointed as Supervisors, however, their such appointments were denoted to be contractual and for fixed period of 3 years. The petitioners were also only authorized a fixed pay on their recruitment against the post of Supervisors. 6. Being aggrieved, persons similarly situated like the petitioners approached this court by way of instituting a writ petition being WP(C) No. 7215/2018 (Ms. Bobby Deka & 16 others Vs. the State of Assam). 7. A co-ordinate Bench of this Court vide judgment and order dated 20.06.2022, on considering the issues arising in the said writ petition was pleased to allow the same. The co-ordinate Bench of this Court in the said judgment and order dated 20.06.2022, noticed the fact that the petitioners therein were vide order dated 16.08.2021 given the benefits of regular appointment against the post of Supervisors. Accordingly, the co-ordinate Bench of this Court was of the view that the benefits so extended vide order dated 16.08.2021, is to be given retrospective effect from the date of their initial appointments against the post of Supervisors effected on 06.02.2016. The co-ordinate Bench of this Court, further proceeded to direct that the retrospective effect given to the order dated 16.08.2021 the salaries of the petitioners therein would have to be computed w.e.f. 06.02.2016, in the scale of pay authorized to the post of Supervisors and the arrears working out be paid to the petitioners therein. The operative portion of the said judgment and order dated 20.06.2022, being relevant, is extracted herein below:- “15. The rival submissions of the learned counsel for the parties have been considered and the materials placed before this Court have been carefully examined. Page No.# 20/23 The issue which calls for a determination is whether the initial promotion of the petitioners to the post of Supervisors could have been made on a fixed pay and tenure and as to whether such promotion could have been treated as mere engagements. As a corollary, it is also to be decided that if the principal issue is held in favour of the petitioners, from which date the petitioners are to be held to be entitled to the benefits of a regular Supervisor. 16. To decide the aforesaid issue, it would be necessary to go back to the basis of filing the present case which is the communication dated 28.04.1995 of the Government of India. By the said communication, while the Government was considering increase in the honorarium and other benefits of Anganwadi Workers, a decision was already taken to reserve minimum 25% posts of Supervisors for selection from Anganwadi Workers who are Matriculates and having minimum 10 years of experience. Even assuming for arguments sake that the contents of the said communication is not a guideline as tried to be projected on behalf of the State, the subsequent notification by the State dated 04.06.2012 would be of vital importance as it is by this notification that 25% reserve quota was introduced. While doing so, the State Government did not even indicate that the mode of recruitment to the posts of Supervisors would have any cascading effect on the service conditions of the promotional posts of Supervisors. Further, what is more intriguing is that the notification was not given effect to for which the Association of Anganwadi Workers had to approach this Court by means of a writ petition being WP(C)/4862/2015 and it was only thereafter when the recruitment process was initiated. Though the case of Seimens (supra) was cited, the same may not have any direct relevance as by the subsequent order dated 16.08.2021 passed during the pendency of the present writ petition is not to the prejudice of the petitioners but is only a measure to redress their grievance, though partially. 17. It transpires that the recruitment process was initiated vide the communication dated 01.10.2015 wherein, the petitioners were amongst the Page No.# 21/23 successful Anganwadi Workers who were selected for promotion to the post of Supervisors. After going through the selection process and being promoted to the post of Supervisors, there was no reason as to how the petitioners could be deprived of substantive appointment and rather were given contractual appointment, that too for a fixed period and pay. There is no doubt that the cadre of Supervisor is one and the same and therefore, whether one is appointed directly in the 75% of the vacancies or promoted after selection from Anganwadi Worker in the reserved 25% quota cannot make any difference in their service conditions as Supervisors. Rather, this Court is of the opinion that the cadre of Supervisor is a homogeneous one where the mode of entry into the said cadre would be wholly irrelevant. On a specific query by this Court, it has been clarified that there is no difference in the duties discharged by a directly recruited Supervisor or one who is promoted from Anganwadi Worker. Further, the recruitment process for Supervisors which was initiated by the communication dated 01.10.2015 was only to fill up 25% quota reserved for Anganwadi Workers and not for some other posts belonging to a different cadre. The learned State Counsel has also clarified that as on August, 2021, there were 924 nos. of Supervisors out of which 647 were directly recruited and in the year 2016, 277 nos. were promoted from the rank of Anganwadi Workers. 18. Though a frail argument was advanced on behalf of the State with regard to financial concurrence, this Court is of the opinion that the same cannot be a ground to deprive the legal entitlement of an incumbent who is inducted into the services by following the due process of law. Rather, it is the bounden duty of the Department to obtain prior approval from all the concerned Departments including the Finance Department before starting the recruitment process and such approval is assumed to have been obtained. Further, in the instant case, though the initial communication of the Government of India was of the year 1995, the Rules were amended only in the year 2012 and the recruitment process initiated in October, 2015 that too, after filing of a writ petition by the Association. Page No.# 22/23 19. As would appear from the affidavit-in-opposition that finally vide orders dated 16.08.2021 (or of nearby dates) the petitioners have been given the benefit of a regular appointment, this Court is of the opinion that such benefits are to be given retrospective effect from the date of their initial appointment made on 06.02.2016. Such retrospective effect would also include the balance of the monthly salaries which is to be calculated in terms of scale which the petitioners would have been otherwise paid and the arrears be released to them accordingly. All other benefits including fitment in the appropriate scale of pay, seniority etc. are also directed to be given to the petitioners. The aforesaid direction is given in view of the fact that there is no dispute with regard to the nature of the service discharged by the petitioners as Supervisors and are part of the same cadre of Supervisors which also includes regular appointee in the rest 75% of the vacancies.” 8. On a comparison of the service particulars of the petitioner in the present proceedings and the service particulars of the petitioners in the case of Ms. Bobby Deka (supra), it is found that both sets of petitioners were appointed, on their selection, as Supervisors on contractual basis w.e.f. 06.02.2016; and thereafter, they were so appointed on regular basis vide issuance of the order dated 16.08.2021 by the Director, Social Welfare Assam. Accordingly, it is to be held that the decision of the Co-ordinate Bench of this Court in the case of Ms. Bobby Deka (supra) shall also squarely apply to the case of the petitioners in the present proceeding and they would also be entitled to similar benefits. Accordingly, the regular appointments effected in case of the petitioners vide the order dated 16.08.2021 is required to be given a retrospective effect i.e., w.e.f. 06.02.2016. The petitioners would now be entitled to a regular scale of pay as authorized to the post of Supervisors w.e.f. 06.02.2016. Accordingly, the respondents shall compute the arrears of pay and allowances receivable by the petitioners w.e.f., 06.02.2016. 9. The arrear so working out shall be released to the petitioners within a period of 45 (forty-five) days from the date of receipt of the certified copy of this order. The Page No.# 23/23 arrears now receivable by the petitioners would be so released to them after deducting the remuneration so received by them w.e.f. 06.12.2016 on their appointment as Supervisors on contractual basis. 10. With the above observations and direction, the present writ petition stands allowed. JUDGE Comparing Assistant