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2025 DAILYLAW 9572 (GAU)

RUKIA KHATUN v. THE STATE OF ASSAM AND 3 ORS

WP(C)/1640/2025 · 2025-03-23

Suman Shyam

Writ Petition (Civil)body2025

Judgment text

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Page No.# 1/3 GAHC010059832025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1640/2025 RUKIA KHATUN W/O- LATE MOKBUL HUSSAIN, R/O- VILL.- TELIACHAPORI, P.O. SAIDARIA, DIST. NAGAON, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE SECRETARY TO THE GOVT. OF ASSAM, SOCIAL WELFARE DEPARTMENT, DISPUR, GUWAHATI-6. 2:THE DIRECTOR OF SOCIAL WELFARE ASSAM UZANBAZAR GUWAHATI-1. 3:THE DISTRICT SOCIAL WELFARE OFFICER NAGAON DIST. NAGAON ASSAM 4:THE CHILD DEVELOPMENT PROJECT OFFICER LAWKHOWA ICDS PROJECT SINGIMARI P.O. SINGIMARI DIST. NAGAON ASSA Advocate for the Petitioner : MR. B RAHMAN, Advocate for the Respondent : GA, ASSAM, Page No.# 2/3 BEFORE HONOURABLE MR. JUSTICE SUMAN SHYAM ORDER Date : 24-03-2025 Heard Mr. B. Rahman, learned counsel for the writ petitioner. The writ petitioner herein was engaged as an Anganwadi Helper in the year 1991 in 42 No. Teliachapori Anganwadi Centre, Nagaon. Contending that the post of Anganwadi Worker is lying vacant in the said centre, the petitioner has approached this Court seeking a writ of mandamus directing the respondents to consider her case for promotion to the said post. Mr. Rahman further submits that, ventilating her grievance to the above extent, the writ petitioner has already submitted a representation dated 19-12-2024 before the Director of Social Welfare Department, Assam, i.e. respondent No. 2 herein. However, no order has been passed in the said representation till date. Mr. A. Chakraborty, learned Govt. Advocate, Assam submits that he would have no objection, if the writ petition is disposed of at the motion stage with a direction upon the respondent No. 2 to consider the representation dated 19-12-2024 submitted by the writ petitioner and pass appropriate order therein. The petitioner’s counsel has submitted that there is vacant post of Anganwadi Worker and his client is eligible for being considered for promotion to the said post. The above assertion of the petitioner’s counsel could not, prima-facie, be disputed by the learned Govt. Advocate, Assam. If that be so and since there is a representation Page No.# 3/3 already submitted by the writ petitioner which is pending before the competent authority, this Court is of the opinion that the said representation deserves to be considered by the authority. In view of the above and as agreed to by the learned counsel for both the sides, this writ petition stands disposed of by providing that the respondent No. 2 shall consider the representation dated 19-12-2024 submitted by the petitioner and dispose of the same by a reasoned order, within 03 months from the date of receipt of a certified copy of this order. Writ petition stands disposed of accordingly. JUDGE GS Comparing Assistant