AFIYA BEGUM CHOUDHURY v. THE STATE OF ASSAM AND 3 ORS
WP(C)/6634/2024 · 2025-11-10
Soumitra Saikia
Writ Petition (Civil)body2025
DailyLaw.ai
[ 2025 DAILYLAW 25300 (GAU) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25300 (GAU) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/6634/2024 AFIYA BEGUM CHOUDHURY W/O- LATE ABDUL HAQUE BARBHUIYA, VILL.- PAIKAN SOUTH, P.O.
GUMRAH, P.S. KATIGORAH, DIST. CACHAR, ASSAM, PIN- 788815. VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO GOVT. OF ASSAM, SOCIAL WELFARE DEPTT, DISPUR, ASSAM, GUWAHATI-6.
2:THE DIRECTOR OF SOCIAL WELFARE UZANBAZAR ASSAM GUWAHATI-1.
3:THE DISTRICT SOCIAL WELFARE OFFICER CACHAR P.O. AND P.S. SILCHAR DIST. CACHAR ASSAM PIN- 788015.
4:THE CHILD DEV. PROJECT OFFICER KALAIN ICDS PROJECT DIST. CACHAR ASSA Advocate for the Petitioner : MR. S B LASKAR, MR. A S TAPADER,MR. H A LASKAR,MS D DUTTA,F R LASKAR Advocate for the Respondent : GA, ASSAM,
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BEFORE HONOURABLE MR. JUSTICE SOUMITRA SAIKIA
ORDER Date : 11.11.2025
Heard Mr. H.A. Laskar, learned counsel appearing for the petitioner. Also heard Mr. C.K.S. Baruah, learned Junior Government advocate appearing for the respondent.
2. This writ petition is filed by the petitioner seeking a direction to the respondent authorities to consider her prayer for being promoted to the post of Anganwadi Worker in the Centre AWC No. 132, Anganwadi Centre under Kalain ICDS Project. The petitioner was appointed as Anganwadi Helper on 2nd July,
2007. It is stated that the petitioner has been rendering services to the best of her ability. In terms of the notification dated 4th March, 2013, certain modification to the extent of the guidelines which were earlier notified on 01.03.2013, where the Anganwadi Helpers are eligible for promotion to the post of Anganwadi Worker, subject to fulfillment of the conditions mentioned in the guidelines.
3. Since the writ petitioner claims to have been satisfied all the requirements for being considered for promotion to the post of Anganwadi Worker, she
Page No.# 3/4 approached the authorities by filing her necessary applications. However, the same had remained pending and no decisions were affected to the representation, which was filed on 19.04.2022.
4. Although the notices in the matter were issued on 18.12.2024, the affidavits by the respondent department have not yet been filed.
5. The learned counsel for the State made a prayer for further time to file the affidavits.
6. On the other hand, learned counsel for the petitioner has placed before this Court the notification dated 27th August 2025, whereby a further modification was made to the guidelines issued on 4th of March, 2013. In terms of the said notification any Anganwadi Worker eligible for promotion under the scheme shall not be above the age of 50 years. The learned counsel for the petitioner submits that the petitioner is already 49 years and will cross the age bar on 31.12.2025.
7. Considering the submissions made and also considering the facts that the representation dated 19.04.2022 preferred by the petitioner has not yet been
disposed of and also considering the fact that the petitioner will not be eligible by crossing the age bar on 31st December, 2025 for being promoted to the next
Page No.# 4/4 higher post of Anganwadi Worker, this Court is of the view that the ends of justice will be made, if the respondent No. 4, namely the Child Development Project Officer, Kalain, ICDS Projects district Cachar, Assam is directed to
disposed of the representation dated 19.04.2022, preferred by the writ petitioner seeking promotion to the next higher post of Anganwadi Worker.
8. The authorities concerned, will examine the claim of the writ petitioner, and if it is found genuine then the same can be considered and effective order thereon will be passed by the authorities concern. If any speaking order that already passed, the copy of the same shall be served on the writ petitioner. Let this exercise be completed within a period of 21 days from the date of receipt of a certified copy of this order.
9. The writ petition is accordingly disposed of. JUDGE Comparing Assistant