Page No.# 1/13 GAHC010175202025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4458/2025 BIJAYA BORUAH AND 37 ORS W/O SRI KUMUD BORUAH RESIDENT OF VILL- CHATRANG GURI, P.O. GOHPUR, P.S. GOHPUR, DIST. BISWANATH, ASSAM, PIN- 784168 2: JYOTI BARIK D/O LATE MONESWAR BARIK R/O VILL- BARANI PATHAR P.O. GHAHI GAON DIST. BISWANATH ASSAM PIN-784170 3: RUNU GOGOI D/O LATE BHOGMAN GOGOI R/O VILL- HALEM GURI (AMTOLA GAON) P.O. HALEM GURI DIST. BISWANATH ASSAM PIN-784172 4: BOBITA SAIKIA W/O RAJU KUMAR BORAH RESIDENT OF VILL- GARAMUR KUMAR GAON P.O. J.E.C. DIST. JORHAT ASSAM PIN- 785007 5: IRA DAS W/O JANMEJAY DAS RESIDENT OF VILL- PANJABI BOSTI Page No.# 2/13 P.O. LANKA P.S. LANKA DIST. HOJAI ASSAM PIN-782442. 6: RUPALI KALITA W/O KALPA RAM KALITA RESIDENT OF SANTIPUR WARD NO. 7 P.O. NALBARI DIST. NALBARI ASSAM PIN-781335. 7: RITA PEGU D/O LATE BALAI PEGU RESIDENT OF VILL- BORPATHAR P.O. JENGRAIMUKH P.S. JENGRAIMUKH DIST.MAJULI ASSAM PIN-785105 8: PUSPA BORA D/O LATE PHANIDHAR BORA R/O VILL- RONGDOIKHAT P.O. TITABAR P.S. TITABAR DIST. JORHAT ASSAM PIN- 785630 9: BHANUMATI KALITA D/O LAKSHI KANTA KALITA R/O VILL- SIALMARI P.O. SIALMARI P.S. TIHU DIST. NALBARI ASSAM PIN- 781371 10: JANMONI DEVI W/O RAMESH SHARMA RESIDENT OF VILL- RAJAGARH P.O. RUPAI SIDING DIST. TINSUKIA ASSAM Page No.# 3/13 PIN- 786153 11: SUMITRA CHUTIA W/O MOHENDRA SAIKIA RESIDENT OF VILL- BORBAMCHUNGI GAON P.O. CHUNGI DIST. JORHAT ASSAM PIN-785616 12: AZEDA KHATUN W/O BASER UDDIN RESIDENT OF VILL- KHANDARKUR P.O. JARABARI DIST. BARPETA ASSAM PIN-781314. 13: PORI RABHA GOGOI WIFE OF LATE HITESH GOGOI RESIDENT OF VILL- KACHARI PATHAR P.O. KACHARI PATHAR DIST. DIBRUGARH ASSAM PIN- 786602 14: ADITY HAZARIKA W/O ARUN HAZARIKA R/O VILL- GOZPURIA GAON P.O. JALUKONIBARI DIST. JORHAT ASSAM PIN- 785630 15: AYESHA BEGUM CHOWDHURY W/O JAMAL UDDIN AHMED RESIDING OF VILL- PADUM PUKHURI P.O. KAPASHBARI DIST. HOJAI ASSAM PIN-782445 16: MAMONI DUTTA W/O NILAKANTA DUTTA Page No.# 4/13 R/O VILL- GHOORONIA TEA ESTATE P.O. LEPETKATA DIST. DIBRUGARH ASSAM PIN- 786007. 17: RUJENA BEGUM W/O ATIQUL ISLAM R/O VILL- NO. 1 DHARMAPUR P.O. DHARMAPUR DIST. LAKHIMPUR ASSAM PIN-784160 18: JONMONI BORUAH W/O BIREN HAZARIKA R/O VILL- GARUMURIA GAON P.O. MOIDUMIA DIST. LAKHIMPUR ASSAM PIN-787001. 19: NALINI BORA D/O LATE NANDESWAR BORA R/O VILL- KATHKATIA BHAKAT GAON P.O. JAMUNAMUKH DIST. NAGAON ASSAM PIN- 782428 20: RAMELA TERONPI W/O DHIREN HANSE RESIDENT OF VILL- BORCHUNG P.O. DAKHIN CHANG CHAKI DIST. NAGAON ASSAM PIN-782426 21: PURABI DAS D/O LATE AKSHAY KUMAR DAS RESIDENT OF VILL- SHINGRA P.O. GARARTARI P.O. SARTHEBARI DIST. BARPETA ASSAM PIN- 781311 Page No.# 5/13 22: JURI HAZARIKA WIFE OF SIMANTA DAS RESIDENT OF VILL- GONOKPUKHURI HABIAL P.O. GONOKPUKHURI DIST. GOLAGHAT ASSAM PIN- 785622. 23: LATIKA SONOWAL WIFE OF RANJIT KACHARI R/O VILL- KANKHOWA GAON P.O. BAHONI DIST. JORHAT ASSAM PIN-785633. 24: RANJUMONI SAIKIA W/O HEMKANTA KACHARI RESIDENT OF VILL- TIPOMIA P.O. TIPOMIA DIST. JORHAT ASSAM PIN-785630 25: NAYANMONI SAIKIA W/O BISTURAM GOGOI RESIDENT OF VILL- CHAMOGURI P.O. KHARIKALITA DIST. JORHAT ASSAM PIN-785633. 26: KULAJYOTI KOWAR WIFE OF BIPUL GOGOI RESIDENT OF VILL- NAGAJURI GAON P.O. SARUPATHAR DIST. GOLAGHAT ASSAM PIN-785601. 27: KUNJA KUTUM W/O NAREN PEGU R/O VILL- KANGKAN CHAPARI P.O. KANGKAN CHAPARI DIST. LAKHIMPUR ASSAM Page No.# 6/13 PIN-787055. 28: BINAPANI SAIKIA KONWAR WIFE OF PREMADHAR KONWAR R/O VILL- KANHIKUCHI P.O. KHALIHAMARI TINIALI DIST. DHEMAJI ASSAM PIN-787053. 29: KABITA CHETRY W/O KUL BAHADUR CHETRY RESIDENT OF VILL- SABOTI CHAUKHAM P.O. SABOTI DIST. LAKHIMPUR ASSAM PIN-787051 30: JYOTSHNA BORAH W/O PRANJAL KUMAR CHUTIA R/O VILL- DEWALIA GAO P.O. DHKUAKHANA DIST. LAKHIMPUR ASSAM PIN-787055. 31: RINJUMONI HAZARIKA W/O RANA BORUAH R/O DHAKUAKHANA BALI GAON P.O. DHAKUAKHANA DIST. LAKHIMPUR ASSAM PIN-787055. 32: RUMI BEGUM D/O LATE ATOWAR RAHMAN R/O VILL- BARSHOLA P.O. AMRIKHOWA DIST. BARPETA ASSAM PIN-781307. 33: SARUJU KALITA W/O LATE MRIDUL KALITA R/O VILL- RANGIA TINIALI P.O. RANGIA DIST. KAMRUP ASSAM PIN- 781354. Page No.# 7/13 34: AZIZA KHATUN D/O LATE AZIZUR RAHMAN R/O DOBOKA WARD NO. 10 P.O. DOBOKA DIST. HOJAI ASSAM PIN-782440. 35: NIRU RAJBANSHI W/O ANANDA BORA RESIDENT OF VILL- 2 NO. PUSHPOBAN P.O. KASHAMARI DIST. GOLAGHAT ASSAM PIN- 785705. 36: REKHAMONI BORA W/O ATUL BORUAH RESIDENT OF VILL- MOSHAR DHONGA CHARIALI P.O. KASHMARI DIST. GOLAGHAT ASSAM PIN- 785705 37: RUPA SAIKIA W/O HEMONTA KUMAR BORUAH R/O VILL- BAGHMARI P.O. KUTHORI P.S. JAKHALABONDHA DIST. NAGAON ASSAM PIN-782136. 38: FATEMA KHATUN W/O NURUL ISLAM RESIDENT OF VILL- LURFURIA P.O. SITOLI DIST. BARPETA ASSAM PIN-781308 VERSUS THE STATE OF ASSAM AND 2 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVT. Page No.# 8/13 OF ASSAM, DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, ASSAM, DISPUR, GUWAHATI-06. 2:THE PRINCIPAL SECRETARY TO THE GOVT. OF ASSAM DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT ASSAM DISPUR GUWAHATI-06. 3:THE DIRECTOR WOMEN AND CHILD DEVELOPMENT ASSAM UZAN BAZAR 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 : 21-01-2026 Heard Mr. M. Ahmed, learned counsel for the petitioners. Also heard Mr. J.K. Goswami, 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: 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 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, Page No.# 9/13 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 completed by 31.12.2015, proceeded to dispose of the writ petition by directing the State respondents to complete Page No.# 10/13 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 Ors. Vs. The State of Assam). 7. A Coordinate 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 Coordinate 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 Coordinate 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 Coordinate 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 Page No.# 11/13 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. 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 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 Page No.# 12/13 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. 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, Page No.# 13/13 Social Welfare Assam. Accordingly, it is to be held that the decision of the Coordinate 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 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