- (1.) Assailing the impugned circular being Memo No.146/2-8/2006 dated 25th July, 2006 issued by the Child Development Project Officer, Mekliganj, ICDS Project, District-Cooch Behar and also for absorption of the petitioners to the post of Anganwari workers the petitioners filed the instant writ petition whereby inviting application from the existing Anganwari Sahayikas who have completed five years of service in the job of Anganwari Sahayika for promotion to the post of Anganwari workers from the post of Anganwari Sahayika. Since the petitioners had been possessing requisite qualifications therefore, the petitioners were appointed by the Child Development Officer, Mekliganj, District-Cooch Behar to the post of Anganwari workers in the year 2000 after being selected in the interview for the said post. Since then they have been discharging their duties to the said post. Suddenly by the impugned order the respondent invited application from the existing Anganwari Sahayikas who have completed five years of service in the job of Anganwari Sahayikas for promotion to the post of Anganwri workers from the post Anganwari Sahayikas with the intention to give a gobye to the service of the petitioners from the existing post of Anganwari workers so that those posts could be filled up by the Anganwari Sahayikas pursuant to the impugned notice dated 25th July 2006. Initially on 13th September, 2006 after considering the plight of the petitioners this Hon'ble Court directed the concerned authority to maintain status quo with regard to the selection process and/or holding of interview of the concerned post. The respondents were also directed to file their affidavit-in-opposition within three weeks. But unfortunately till today no affidavit-in-opposition has been filed by the respondents. Since the respondent authority violated the order dated 13th September, 2006 therefore, an application for contempt of Court was filed by the petitioners. Despite the interim order dated 13th September, 2006 the respondent authority all on a sudden on 16th November, 2009 issued further notice for appointment to the post of Anganwari workers. Against that notice dated 16th November, 2009 the petitioner took out an application for contempt of Court.
(2.) Mr. Milan Bhattacherjee, learned senior Counsel appearing for the petitioner contended that the concerned respondent has no authority to issue the impugned notice dated 25th July, 2006 thereby inviting applications from the post of Anganwari Sahayikas for promotion to the post of Anganwari worker, knowing fully well that the petitioners have been working as Anganwari workers in the said post.
(3.) Mr. Bhattacharjee, also vehemently urged that without taking any step to absolve/regularise the petitioners who have been working as Anganwari workers since the year 2000 after being duly appointed to the said post by the authority, the authority issued the impugned notice.;