Extracted from the PDF above. The PDF is authoritative.
1
2026:CGHC:27424
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 3044 of 2022 Bhuwanmati D/o Setram Aged About 41 Years Occupation Service Presently Posted As Anganbadi Worker At Anganbadi Centre, Kaniydeeh, Tahsil Malkharoda, District Janjgir- Champa, R/o Village Kaniydeeh, Tahsil Malkharoda, District Janjgir, Champa, Chhattisgarh, District : Janjgir-Champa, Chhattisgarh
... Petitioner(s) versus
1. State Of Chhattisgarh Through Secretary, Women And Child Development Department , Mahanadi Bhawan, Mantralaya, Naya Raipur,
Atal
Nagar,
District
Raipur,
Chhattisgarh
2. Collector, Janjgir- Champa District Janjgir- Champa, Chhattisgarh
3. Zila Panchayat, Janjgir- Champa District Janjgir- Champa, Through Its Chief Executive Officer, Zila Panchayat, Janjgie- Champa, District Janjgir
Champa,
Chhattisgarh
4. Janpad Panchayat, Malkhaorda District Janjgir- Champa,through Its Chief Executive Officer, Janpad Panchayat Malkharoda, District Janjgir-
Champa
Chhattisgarh
5. Chief Executive Officer, Janpad Panchayat Malkharoda, District Janjgir-
Champa
Chhattisgarh
6. Project Officer, Integrated Child Development Project, Malkharoda, District Janjgir- Champa, Chhattisgarh
... Respondent(s) For Petitioner : Ms. Kajal Chandra, Advocate on behalf of Mr. Malay Shrivastava, Advocate For State : Mr. Vinay Pandey, Dy. A.G. For Respondents No. 3 to 5 : Mr. Ghanshyam Kashyap, Advocate Digitally signed by AJINKYA PANSARE Date: 2026.07.04 11:33:07 +0530
2 Hon’ble Shri Justice Rakesh Mohan Pandey
Judgment On Board 3.7.2026 1) By way of this petition, the petitioner has sought following reliefs:- 10.1 That, this Hon'ble Court may kindly be pleased to quash the order dated 04/08/2020 bearing No.442 A.B.V.I. Pari/Estt./A.B.Ni.U./2020 respondent No.6. issued by 10.2 Any other relief(s)/ order(s)/ direction(s) in favour of petitioner, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice. 10.3 Cost of the petition. 2) Facts of present case are that petitioner was initially appointed as Anganwadi Worker at Centre Kaniyadeeh, Tehsil Malkharoda, District Janjgir Champa vide order dated 28.6.2006. Petitioner submitted application for medical leave on 11.1.2019 and when she approached the respondent No. 6 along with fitness certificate on 15.12.2021 and 22.12.2021, she was not permitted to join the sevices. Petitioner preferred WPS No. 118 of 2022 seeking therein permission to join her services and during the pending of writ petition, she was informed that her services were terminated vide
order dated 4.8.2020. 3) Learned counsel for the petitioner submits that services of petitioner were terminated vide order dated 4.8.2020 behind the back of petitioner as no show cause notice was issued and no departmental inquiry was conducted by the respondents therefore the order of termination was passed in complete violation of principles of natural
3 justice. She further submits that petitioner had no knowledge of termination order dated 4.8.2020 and it came into her knowledge only after filing WPS No. 118 of 2020. She prays to quash the order impugned. 4) On the other hand, learned counsel appearing for the respective respondents would oppose. They submit that petitioner remained absent from services unauthorizedly from January, 2019 till August, 2020 therefore Project Officer i.e. respondent No. 6 vide order dated 4.8.2020 terminated the services of petitioner pursuant to resolution passed by Selection Committee dated 31.7.2020. They further submit that petitioner has efficacious alternative remedy available to prefer duly constituted appeal before the Collector, Janjgir Champa according to the provisions of Rule 3(d) of Chhattisgarh Panchayats (Appeal and Revision) Rules, 1995 [hereinafter to be referred as ‘Rules of 1995’] therefore this petition is not maintainable and deserves to be dismissed. 5) I have heard learned counsel for the parties and perused the material available on record. 6) It is admitted fact that petitioner remained absent from services from January, 2019 till August, 2020. In para 8.6 of the writ petition, it is pleaded that petitioner approached respondent No. 6 along with fitness certificate on 15.12.2021 and 22.12.2021 thus it is very much clear that petitioner approached the authority concerned only in December, 2021 even though termination order was issued in
4 August, 2020. 7) Perusal of reply filed by the State would indicate that according to the guidelines dated 2.4.2008 issued by the Women and Child Welfare Department, State of Chhattisgarh, the provisions of Panchayat Raj Adhiniyam,1993 would apply to the Anganwadi Workers appointed by Janpad Panchayats and according to the provisions of Rules of 1995, the appeal would lie before the Collector against an order passed by the Chief Executive Officer of Janpad Panchayat. 8) Evidently, petitioner was appointed by Chief Executive Officer, Janpad Panchayat, Malkhaorda and her services were terminated by the Project Officer, Women and Child Welfare Department, District Janjgir Champa vide order dated 4.8.2020 therefore in my opinion, the appeal would lie before Collector, Janjgir Champa.
9) Taking into consideration the above-discussed facts, as there is efficacious alternative remedy available to the petitioner, this writ petition being not maintainable is hereby dismissed. However, petitioner would be at liberty to prefer a duly constituted appeal before the appellate authority and if such an appeal is preferred, it is expected that the appellate authority shall decide it expeditiously, strictly in accordance with law. Sd/- (Rakesh Mohan Pandey) JUDGE A j i n k y a