1. Heard Mr. M. Rahman, learned counsel for the petitioner. Also heard Mr. T.C. Chutia, learned Additional Senior Govt. Advocate appearing for the
State respondent nos.1, 2 and 3. None appears on call for the respondent no.4.
2. By filing this writ petition under Article 226 of the Constitution of India, the case projected by the petitioner is that she had been appointed as
Anganwadi Worker on 16.02.2015 in Dutta Chuburi Anganwadi Centre under West Nalbari ICDS Project. Upon joining the post, she had successfully
completed Anganwadi Worker training course and while working in the same post, on 12.02.2016, the Project Officer, West Nalbari ICDS Project
vide impugned Memo No.ICDS(PN)E-1/2014-15/250 dated 12.02.2016 (Annexure-5) terminated the appointment of the petitioner without assigning
any reason. Accordingly, this writ petition was filed to seek quashing of the impugned order dated 12.02.2016 and for reinstating the petitioner to the
said post.
3. The learned Additional Senior Govt. Advocate has produced the relevant records pursuant to order dated 19.04.2021 passed by this Court. On a
perusal of the said record, it appears that the selection process was initiated as per advertisement dated 08.03.2013 and interview was held on
10.02.2014 and 11.02.2014 for the post of Anganwadi Worker and Anganwadi Worker Helper under West Nalbari ICDS Project. It is seen that the
petitioner had secured 62.10 marks and she was in first position. But the then CDPO, West Nalbari had marked the petitioner in second position and
placed the respondent no.4 in first position, who had secured 39.26 marks. Accordingly, record reveals that approval letter dated 18.05.2015 was
cancelled by order dated 11.02.2016 and the engagement of the petitioner was cancelled by order dated 12.02.2016. This writ petition was filed on
26.02.2016 and notice of motion was issued by order dated 02.03.2016 with an interim direction that the petitioner be allowed to continue her
engagement as Anganwadi Worker in the concerned centre and thereafter, the Director, Social Welfare by order dated 17.05.2016 had directed the
then CDPO, West Nalbari ICDS Project to come with the original records and on finding the aforesaid discrepancy, the petitioner was reinstated in
service by order dated 14.03.2016. The said position is also stated in the affidavit-in-opposition filed by the respondent no.2 on 09.04.2021.
4. In view of the said factual position revealed from the records, having noticed that he petitioner has been allowed to join her post since 14.03.2016
and having seen that the records show that the petitioner was at first position in the selection process, the Court has no hesitation to set aside and
quash the impugned order under Memo No. ICDS(PN)E-1/2014-15/250 dated 12.02.2016. Accordingly, the respondent no.2 and 3 would do the
needful for effectual implementation of this order.
5. At this stage, the learned Additional Senior Govt. Advocate has referred to the prayer made in I.A.(Civil) 976/2021 praying for recalling of the
order dated 17.03.2021 passed in this writ petition thereby imposing a cost of Rs.3,000/- (Rupees three thousand only) on each of the respondent
nos.1, 2 and 3. Having observed that the respondent nos.1, 2 and 3 had thereafter been prompt in filing their reply and in producing the records, as
such, the I.A.(Civil) 976/2021 stands allowed and the order dated 17.03.2021 passed in this writ petition in so far as it relates to imposition of cost on
respondent nos.1, 2 and 3 stands recalled.
6. This writ petition and the connected I.A.(Civil) 976/2021 are both disposed of on being allowed.
7. The records produced by the learned Additional Senior Govt. Advocate is returned.
