1 2026:CGHC:22598 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4131 of 2026 1. Smt. Ramleela Bhagat W/o- Parameswar Bhagat Aged About 50 Years R/o- 81, Village Bangaon, Farsabahar, District- Jashpur (C.G.) Sahayika At Awc Uraontoli, Sector Farasabahar, Project Farasabahar, District- Jashpur (C.G.) 2. Smt. Sumitra Paikra, W/o- Mahesh Paikra, Aged About 48 Years R/o- 120/1, Village Farsabahar, District- Jashpur (C.G.) Sahayika At Awc Mahkultolla,, Sector Farasabahar, Project Farasabahar, District- Jashpur (C.G.) 3. Smt. Sabina Minj W/o- Binod Minj, Aged About 43 Years R/o- 90, Ward No. 05, Village Matipahar Chharra,farasabahar, District- Jashpur (C.G.) Sahayika At Awc Junatoli, Sector Bhelwan, Project Farasabahar, District- Jashpur (C.G.) 4. Smt. Amarmati Kujur W/o- Khristofar Kujur Aged About 48 Years R/o- 459, Village Farasabahar, District- Jashpur (C.G.) Sahayika At A W C Jhagarpur, Sector Farasabahar, Project Farasabahar, District- Jashpur (C.G.) 5. Smt. Sushila Patre, W/o Narain Singh Aged About 59 Years R/o- 263, Village Farasabahar, District-Jashpur (C.G.), Sahayika At A W C Kapukona 1, Sector Farasabahar, Project Farasabahar, District - Jashpur (C.G.) 6. Smt. Sushila Panna, W/o- Martin Panna, Aged About 54 Years R/o- 466, Village Bhelwan, District- Jashpur (C.G.), Sahayika At A W C Purvi Bhelwan, Sector Bhelwan, Project Farasabahar, District- Jashpur (C.G.) 7. Smt. Putli Bai, W/o- Laldev Sai, Aged About 48 Years R/o- Village Pagurabahar, Kandaibahar, District- Jashpur (C.G.) Sahayika At A W C JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2026.05.14 10:55:10 +0530 2 Ganjubasti, Sector Pamshala, Project Tapkara-2, District- Jashpur (C.G.) 8. Smt. Khushmani Bai, W/o- Deonath Sai Aged About 46 Years R/o- Village Sikirma, Manderbahar, District- Jashpur (C.G.) Sahayika At A W C Sahtoli, Sector Pamshala, Project Tapkara-2, District- Jashpur (C.G.) 9. Smt. Shanta Kerketta, W/o- Ijidor, Aged About 51 Years R/o- 210, Ward No.11, Village Amdiha, Kadelkachar, Tapkara, District- Jashpur (C.G.) Sahayika At A W C Putlibasti, Sector Pamshala, Project Tapkara- 2 District- Jashpur (C.G. ) 10. Smt. Gangawati Bai, W/o- Dalapti, Aged About 51 Years R/o- Ward No. 19, Village Kersai, Tapkara, District Jashpur (C.G.) ... Petitioner(s) versus 1. State Of Chhattisgarh Through The Secretary, Department Of Women And Child Development, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur Chhattisgarh 2. State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mantralaya, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District- Raipur (C.G.) 3. The Director, Directorate Of Women And Child Development, Indravati Bhawan, Nawa Raipur (C.G.) 4. The Collector, District- Jashpur (C.G.) 5. The District Programme Officer (W C D), District- Jashpur (C.G.) 6. The Child Development Project Officer (C D P O), Integrated Child Development Project Tapkara-2, District- Jashpur (C.G.) 7. The Child Development Project Officer (C D P O), Integrated Child Development Project Farasabajar, District- Jahpur (C.G.) ... Respondent(s) 3 For Petitioner(s) : Mr. Vikash Agrawal, Advocate For Respondent/ State : Ms. Anuja Sharma, Dy. G.A. Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 13/05/2026 Heard. 1. The petitioners have filed the present petition for following reliefs:- 10.1 Issue a Writ of Certiorari or any other appropriate writ, order, or direction to quash and set aside the impugned termination orders dated 19.01.2026 (Annexure P-1) passed by Respondent No. 7 and dated 20.01.2026 (Annexure P-2) passed by Respondent No. 6, being illegal, arbitrary, and void ab initio; 10.2 Issue a Writ of Mandamus or any other appropriate writ, order, or direction, commanding the Respondents to Immediately reinstate the Petitioners to their respective posts of Anganwadi Sahayika / Karyakarta with full continuity of service and all consequential benefits; 10.3 Issue a further direction to the Respondents to calculate and disburse the arrears of the monthly 4 honorarium for the intervening period of illegal termination forthwith; 10.4 As an Interim Relief, stay the effect, operation, and execution of the impugned orders dated 19.01.2026 (Annexure P-1) and 20.01.2026 (Annexure P-2), and direct the Respondents to allow the Petitioners to continue discharging their duties and to pay their regular honorarium pending the final adjudication of this Writ Petition; and 10.5 Pass any other or further order(s) as this Hon'ble Court may deem fit, just, and proper in the facts and circumstances of the case to meet the ends of justice. 2. Learned counsel for the petitioners submits that the petitioners have been working as Anganwadi Sahayikas for several years and were also voluntarily engaged as ‘Mitanins’ under the Health Department scheme. He submits that the State policy itself permitted and granted preference to Anganwadi workers for selection as Mitanins and, therefore, termination of the petitioners on the ground of holding dual posts is arbitrary and illegal. He further submits that the work of a Mitanin is voluntary in nature and cannot be treated as a regular post or employment. The impugned orders dated 19.01.2026 and 20.01.2026 have been passed without issuance of any show cause notice or opportunity of hearing, thereby violating the principles of natural justice. 5 Learned counsel also submits that the action of the respondents is discriminatory as, despite identification of several similarly situated persons, only the present petitioners have been terminated. He, therefore, prays for quashing of the impugned orders and for reinstatement of the petitioners with all consequential benefits. 3. Learned State counsel submits that as per Clause 11 of the guidelines regarding appointment of Anganwadi Workers, Anganwadi Assistants and Mini Anganwadi Workers dated 02.04.2008, an appeal lies before the District Collector. She further submits that since an alternative remedy is available to challenge the impugned orders, the present writ petition is not maintainable. 4. I have heard learned counsel for the parties and perused the record. 5. Though learned counsel for the petitioners submits that no opportunity of hearing was granted, perusal of the impugned orders reveals that the orders were passed by the CEO after issuance of notice, however the petitioners failed to respond to the same. 6. Be that as it may, since, there is a provision of appeal under Clause 11 of the guidelines, the petitioners ought to have availed the said remedy before approaching this court. 7. The Supreme Court in the matter of State of H.P. and Others v 6 Gujarat Ambuja Cement Limited & Another reported in (2005) 6 SCC 499 held that normally the High Court should not interfere if there is an adequate efficacious alternate remedy. 8. The Supreme Court in Assistant Commissioner (CT) LTU, Kakinada v. Glaxo Smith Kline Consumer Health Care Ltd., (2020) 19 SCC 172, reiterated that writ jurisdiction should not be invoked when a statutory forum is available and has not been availed. 9. In light of the above submission and settled legal position, this Court finds no reason to entertain the present writ petition under Article 226 of the Constitution of India, when an efficacious alternative remedy is available to the petitioner. 10. Accordingly, the petition stand disposed off with liberty to the petitioners to avail the remedy in accordance with the guidelines dated 02.04.2008. Sd/- (Bibhu Datta Guru) JUDGE Jyoti