Smt. Karuna Sarkar vs The State of Tripura and Ors.
- Court
- Tripura High Court
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HIGH COURT OF TRIPURA
AGARTALA
WA No.103 of 2026
Smt. Karuna Sarkar, W/o Sri Dilip Kapali, R/o Nikhil Sarkar Para, P.O.
Sarma, P.S. Gondatwisa, District- Dhalai, Tripura
.........Appellant(s);
Versus
1. The State of Tripura to be represented by the Secretary, Govt. of Tripura,
Dept. of Social Welfare & Social Education, Civil Secretariat, P.O. Kunjaban,
Agartala, West Tripura, PIN-799006
2. The Secretary to the Govt. of Tripura, Department of Social Welfare &
Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, West Tripura,
PIN-799006
3. The Director of Social Welfare & Social Education, Govt. of Tripura,
Abhoynagar, P.O. Abhoynagar, Agartala, P.S. East Agartala, West Tripura,
PIN-799005
4. The Child Development Project Officer, Dumburnagar ICDS Project, P.O.
and P.S. Gondatwisa, District- Dhalai, Tripura
5. The Union of India represented by the Secretary, Ministry of Women and
Child Development, Government of India, Shastri Bhswan, New Delhi-
110001
.........Respondent(s)
WA No.104 of 2026
Smt. Jhuma Rani Mallik, W/o Sri Litan Biswas, R/o South Sarma, P.O.
Ranipukur, P.S. Gondatwisa, District- Dhalai, Tripura
.........Appellant(s);
Versus
1. The State of Tripura to be represented by the Secretary, Govt. of Tripura,
Dept. of Social Welfare & Social Education, Civil Secretariat, P.O. Kunjaban,
Agartala, West Tripura, PIN-799006
2. The Secretary to the Govt. of Tripura, Department of Social Welfare &
Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, West Tripura,
PIN-799006
3. The Director of Social Welfare & Social Education, Govt. of Tripura,
Abhoynagar, P.O. Abhoynagar, Agartala, P.S. East Agartala, West Tripura,
PIN-799005
4. The Child Development Project Officer, Dumburnagar ICDS Project, P.O.
and P.S. Gondatwisa, District- Dhalai, Tripura
5. The Union of India represented by the Secretary, Ministry of Women and
Child Development, Government of India, Shastri Bhswan, New Delhi-
110001
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.........Respondent(s)
WA No.105 of 2026
Smt. Paisainda Mog, W/o Sri Chaisa Mog, R/o Mog Para, P.O. and P.S.
Gondatwisa, District- Dhalai, Tripura
.........Appellant(s);
Versus
1. The State of Tripura to be represented by the Secretary, Govt. of Tripura,
Dept. of Social Welfare & Social Education, Civil Secretariat, P.O. Kunjaban,
Agartala, West Tripura, PIN-799006
2. The Secretary to the Govt. of Tripura, Department of Social Welfare &
Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, West Tripura,
PIN-799006
3. The Director of Social Welfare & Social Education, Govt. of Tripura,
Abhoynagar, P.O. Abhoynagar, Agartala, P.S. East Agartala, West Tripura,
PIN-799005
4. The Child Development Project Officer, Dumburnagar ICDS Project, P.O.
and P.S. Gondatwisa, District- Dhalai, Tripura
5. The Union of India represented by the Secretary, Ministry of Women and
Child Development, Government of India, Shastri Bhswan, New Delhi-
110001
.........Respondent(s)
WA No.106 of 2026
Smt. Janita Tripura, W/o Sri Sumanta Sarkar, R/o Uttar Gondatwisa, P.O.
Saima, P.S. Gondatwisa, District- Dhalai, Tripura
.........Appellant(s);
Versus
1. The State of Tripura to be represented by the Secretary, Govt. of Tripura,
Dept. of Social Welfare & Social Education, Civil Secretariat, P.O. Kunjaban,
Agartala, West Tripura, PIN-799006
2. The Secretary to the Govt. of Tripura, Department of Social Welfare &
Social Education, Civil Secretariat, P.O. Kunjaban, Agartala, West Tripura,
PIN-799006
3. The Director of Social Welfare & Social Education, Govt. of Tripura,
Abhoynagar, P.O. Abhoynagar, Agartala, P.S. East Agartala, West Tripura,
PIN-799005
4. The Child Development Project Officer, Dumburnagar ICDS Project, P.O.
and P.S. Gondatwisa, District- Dhalai, Tripura
5. The Union of India represented by the Secretary, Ministry of Women and
Child Development, Government of India, Shastri Bhswan, New Delhi-
110001
.........Respondent(s)
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For Appellant(s) : Mr. P. Roy Barman, Sr. Advocate,
Mr. Samarjit Bhattacharjee, Advocate,
Mr. Kawsik Nath, Advocate,
Ms. Sangita Ruhi Das, Advocate,
Mr. S.C. Majumder, Advocate.
For Respondent(s) : Mr. Bidyut Majumder, Deputy SGI,
Mr. P. Gautam, Sr. G.A.,
Mr. D. Sarma, Addl. G.A.
HON’BLE THE CHIEF JUSTICE MR. M.S. RAMACHANDRA RAO
HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA
Date of hearing : 14.10.2026
Date of Judgment & Order : 11.11.2026
Whether Fit for Reporting : YES
JUDGMENT & ORDER
(M.S. Ramachandra Rao, C.J.)
1) In this batch of Writ Appeals, the common judgment dt.4.7.2026
of the learned single Judge in W.P.No.218 of 2024 and batch is challenged.
2) Admittedly, after issuing an advertisement on 21.12.2022 for
filling up of posts of Anganwadi Workers and Anganwadi Helpers in the
Dumburnagar RD Block and Rahishyabari RD Block in various Anganwadi
Centers, interviews were held on 14.6.2023, administrative approval was also
granted on 4.8.2023 for the appointment of persons like appellants selected in
the interviews, individual engagement orders were issued on 8.8.2023 to each
of the appellants and they joined in the said posts thereafter.
3) On 26.2.2024 due to ‘unavoidable reasons’ the Child
Development Project Officer (for short ‘CDPO’), Dumburnagar ICDS Project,
Dhalai District (Respondent No.4) cancelled the recruitment of the appellants.
4) This is challenged by appellants in the Writ Petitions before the
learned single Judge.
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The case of the appellants in the Writ Petitions
5) The appellants contended in the Writ petitions that such action of
respondent no.4 is arbitrary, illegal, violates due process of law and needs to
be quashed. The appellants also contend that the respondent no.4 had issued a
Notice dt.1.3.2024 informing that an Interview Board-cum- Selection
Committee was again formed of certain officials for fresh engagement of
Anganwadi Workers and Anganwadi helpers in the posts in which they were
working without terminating the engagement orders issued to the appellants
individually. They contend that such cancellation was made without following
principles of natural justice. According to the appellants, due to political
interference, their engagement has been cancelled.
The case of the respondents in the Writ Petition
6) The respondents however contend that though the events as
narrated by the appellants upto 26.2.2024 have happened, two deputations had
been received by the CDPO-Dumburnagar objecting to the engagement
process of the appellants as Anganwadi Workers and Anganwadi helpers.
7) According to them, thereafter two meetings were held under the
Chairmanship of Member of Legislative Assembly and the SDM, Gandatwisa
and in the meeting held on 3.11.2023, it was decided that the selected
candidates should join their concerned Anganwadi centers and all kinds of
support will be there from local administration. So an order dt.7.12.2023 was
also issued to those Anganwadi Workers and Anganwadi helpers who could
not join earlier.
8) It is further contended that some applicants who had participated
in the interview but could not get selected by the interview board made
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complaint that they have been working as substitute Anganwadi Workers and
Anganwadi helpers. It is contended that on receipt of such complaints by the
District Magistrate and Collector, Dhalai and on 12.1.2024 he had endorsed
in the file for initiation of fresh engagement process from among the
candidates who had submitted applications for engagements for the
Anganwadi centers where the representations has been received without
issuing any new advertisement.
9) On the basis of the said direction, letters dt.18.1.2024 and
23.2.2024 were issued by the District Inspector of Social Education, Dhalai to
the respondent no.4 for fresh selection through interview from among the
candidates who had submitted applications for engagements for the
Anganwadi centers where the representations has been received, and so the
Interview Board cum Selection Committee was formed again.
10) It is further stated that as only one Anganwadi Worker and
Anganwadi helper is allowed per Anganwadi center, and since complaints
were made against 8 persons selected in the interview on 14.6.2023, it was
decided to cancel their engagement and call for fresh interview. It is stated that
in response to the advertisement dt.26.2.2024, 32 candidates had attended the
fresh interview, merit list of recommended candidates has been kept and no
Anganwadi Workers and Anganwadi helpers has yet been disengaged from
her service.
11) The respondents also refer to the guidelines framed on 17.1.2029
by the State Govt. for the engagement of Anganwadi Workers and Anganwadi
Helpers under the umbrella ICDS Scheme of Tripura.
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The judgment of the learned single Judge
12) The learned single Judge held that there is no impugned order
under challenge in the Writ Petitions to say that there has been deprivation of
legitimate rights of appellants in disengaging them from their services. He
held that it is case where only under apprehension, the appellants after seeing
the order dt.26.2.2024 refrained from attending their work.
13) While the learned single Judge noticed the contention of
respondents that persons appointed should be from the locality/village and
also the complaint that the appellants are non-locals, he held that there being
no individual disengagement letter, the Writ is premature.
Consideration by the Court
14) Firstly, in our opinion, the learned single Judge erred in holding
that there is no ‘impugned order’ under challenge in the Writ Petitions to say
that there has been deprivation of legitimate rights of appellants in
disengaging them from their service. The order dt.26.2.2024 fulfils the
character of ‘impugned order’ and shows the deprivation of legitimate rights
of appellants in disengaging them from their service.
15) Secondly we are of the view that the learned single Judge erred in
holding that the Writ Petitions were premature. When there is a proceeding
dt.26.2.2024 issued by respondent no.4 cancelling the recruitment of
appellants, merely because the respondents contend that they have not yet
been disengaged and individual disengagement letters were not given to the
appellants, it cannot be said that they have no cause of action to approach this
Court and the Writ Petition filed by them was premature. The Writ Petitions
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filed by appellant were certainly maintainable and they have cause of action to
file them and they are not premature.
16) Next, it is not denied that the respondent No.4 had issued an
Advertisement on 21.12.2022, that the appellants had applied in response to it,
that they were subjected to a process of selection by the Interview Board and
engagement letters had been issued to them on the basis of which they had
joined as Anganwadi Workers and Anganwadi Helpers.
17) In the material papers filed by respondents in the Writ Petition,
they have filed:
(i) a letter dt.14.8.2023 of the CDPO, Dumburnagar ICDS
Project to Director , Social Welfare and Social education
Department enclosing a resolution by ‘locality of
Gondatwisa’ signed by certain individuals; and
(ii) also a letter dt.11.8.2023 addressed by Respondent no.4 to
the Director, Social Welfare and Social Education that the
Tipra Motha party , a political party vide letter dt.11.8.2023
had made a demand regarding the above recruitment
process and wanted the joining of these appellants be
withheld.
18) Both the above referred documents state that (a) existing
substitute workers and helpers must be given priority in the selection and (b)
the eligible candidates who live and reside within the Anganwadi centre are or
village must be considered and treated as eligible.
19) We shall consider these pleas by referring to the guidelines
framed by the State referred to supra.
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20) Clause 1 of the guidelines requires vacancies of Anganwadi
Workers and Anganwadi Helpers to be advertised widely by the CDPO
concerned.
Clause 2 prescribes the eligibility criteria. It states that only such
female married/widowed candidates are eligible to apply for the post of
Anganwadi Workers and Anganwadi Helpers who are normally residents of
the village where the Anganwadi centre is located and belong to the feeder
villages/wards of the Anganwadi area. It further states that freezing of list of
families being covered by the feeder area of the Anganwadi centre will be
ensured before starting the selection process and advertising of vacancies with
due publicity. Only the residents of the area as above will be entitled to apply.
If the candidates are not available within the feeder area, applications can be
invited from the desirous candidates residing within the area of the concerned
Gram Panchayat/Ward. Minimum education qualification prescribed is
Matriculation for post of Anganwadi Worker and pass in Class VIII will be
the minimum educational qualification for post of Anganwadi Helper. The age
of the applicants should be between 18-45 years with 5 years relaxation for
SC/ST/Divyangan candidates.
Clause 3 requires the applicants to submit testimonies
/certificates i.e. address proof, age proof, educational qualification,
citizenship, ration card, disability certificate (if applicable), caste certificate (if
applicable) and these documents will be scrutinized by office of the CDPO.
Clause 4 states that there would be a walk-in interview by the
Interview Board consisting of :
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(i) Block Development Officer (in case of rural
area)/Executive Officer of AMC Area/NP area - Chairman;
(ii) Medical officer (Block Area/ AMC Area/ NP area) -
Member
(iii) Inspector of Schools (Block Area/ AMC Area/ NP
area)- Member
(iv) Child Development Project officer ( concerned
Project) – Member
(v) The Interview Board cum Selection Committee shall
award interview marks and prepare merit list.
Clause 7 states that the result will be declared by the Interview
Board cum Selection Committee after taking approval from the Social Welfare
and Social Education Department within 3 days of receipt of approval from
the Department.
Clause 8 states that on the basis of results, the concerned CDPO
will issue offer of appointment within 7 days of declaration of results.
Clause 9 provided for an appeal by an aggrieved person to the
concerned District magistrate & Collector who is to decide the same within 15
days from the date of filing appeal.
21) There is no provision in these guidelines to give any priority to
substitute Anganwadi Workers and Anganwadi Helpers as is contended in
both these letters. So the said contention raised by them is untenable and
cannot be the basis for cancelling the recruitment of the appellants.
22) Further, there is nothing placed on record by the respondents that
the persons of ‘locality’ of Gondatwisa who passed the resolution on
14.8.2023 had applied for posts of Anganwadi Workers and Anganwadi
Helpers advertised on 21.12.2022 and they were not selected by the Interview
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Board wrongly. Such a resolution of persons of ‘locality’ cannot be treated as
an ‘appeal’ by an ‘aggrieved person’ under Clause 9 of the guidelines by the
District Magistrate and Collector and acted upon. It should have been ignored
by him.
23) No doubt Clause 9 of the guidelines provides for a remedy of
appeal to the District Magistrate by a person aggrieved by his non-selection.
Which individual had filed such appeal challenging which appellant’s
appointment has not been disclosed in the counter affidavit by the
respondents. No copy of any such appeal has been placed before this Court by
them.
24) Assuming that such appeals had been filed by any individual to
the District Magistrate and Collector, the appellants should have been
impleaded as parties in such appeals, and after an adjudication by a reasoned
order, a decision can be taken by the District Magistrate and Collector. This
process has not been followed by the District Magistrate and Collector.
25) Regarding the allegation that the appellants are not permanent
residents of the concerned areas where the Anganwadi centers are located is
concerned, though the District Magistrate and Collector, Dhalai had directed
an inquiry on 10.1.2024 and such inquiry report was placed before him by the
Addl. District Magistrate, Dhalai (on the basis of which the District
Magistrate and Collector, Dhalai had directed fresh engagement process to be
started on 12.1.2024), the said inquiry report has not been placed before this
Court by the respondents. No reason is given why it is suppressed from this
Court.
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26) More importantly, there is nothing to show that the appellants
were given any notice of such inquiry and given opportunity to rebut the
allegation that they are not permanent residents of the area of the Anganwadi
centre. Thus there is also violation of principles of natural justice.
27) On the basis of these two letters, without complying with
principles of natural justice and without recording any finding that the
appellants’ are not permanent residents of the area of the Anganwadi center to
which they are appointed, the District Magistrate and Collector, Dhalai could
not have directed a fresh engagement process to be initiated. Such action of
the District Magistrate and Collector and the consequent action of the Child
Development Project Officer, Dumburnagar ICDS Project (Respondent no.4)
are arbitrary, illegal and violative of Art.14 of the Constitution of India and
principles of natural justice.
28) The Supreme Court in Maniben Maganbhai Bhariya v. Distt.
1
Development Officer, Dahod held that after the enactment of the Food
Security Act,2013, Anganwadi workers and Anganwadi helpers perform
statutory functions. It was held:
“ 24. In view of the provisions of the 2013 Act and Section 11 of the
RTE Act, Anganwadi centres also perform statutory duties.
Therefore, even AWWs and AWHs perform statutory duties under
the said enactments. The Anganwadi centres have, thus, become an
extended arm of the Government in view of the enactment of the
2013 Act and the Rules framed by the Government of Gujarat. The
Anganwadi centres have been established to give effect to the
1
(2022) 16 SCC 343, at page 356
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obligations of the State defined under Article 47 of the Constitution.
It can be safely said that the posts of AWWs and AWHs are
statutory posts.”
29) This view has also been taken by a Division bench of this Court
2
in judgment State of Tripura v. Dhayarung Reang and others and batch .
30) The services of the appellants who are holding such statutory
posts under the Food Security Act,2013 cannot be disengaged in such an
arbitrary fashion by the respondent no.4 because of complaint by the Tipra
Motha Party or persons not aggrieved by their appointment.
31) It appears that both respondent no.4 and the District Magistrate
and Collector, Dhalai allowed the political pressure of Tipra Motha party to
influence them in the discharge of their duties and this vitiates their actions.
32) We may also point out that in the proceeding dt.26.2.2024 of the
respondent No.4, the only reason assigned for cancelling the recruitment of
the appellants was ‘unavoidable reasons’. But the reason assigned for the
cancellation of their recruitment in the counter affidavit is something entirely
different. Lifting the veil by this Court has exposed the illegal and arbitrary
actions of respondent no.4 and the District Magistrate and Collector, Dhalai.
33) For all the aforesaid reasons, we hold that the common judgment
of the learned single Judge in the Writ Petitions cannot be sustained.
34) Accordingly, the Writ Appeals are allowed; common judgment of
the learned single Judge dt.4.7.2026 in W.P.223 of 2024 and batch is set aside;
the said Writ Petitions are allowed; the proceeding dt.26.2.2024 issued by
respondent no.4 cancelling the recruitment of the appellants is set aside; the
2
W.A.No.101 of 2025 and batch dt.29.4.2026 (Division Bench)
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appellants shall be allowed forthwith to discharge their duties as Anganwadi
Workers and Anganwadi Helpers in the places where they had been appointed
and joined; and they shall be paid full honorarium for the period from
26.2.2024 till date within 8 weeks unless they had been paid wages in this
intervening period by the respondents. They shall continue to be paid the said
honorarium in future as well by allowing them to discharge their respective
duties. The respondent no.4 shall also pay costs of Rs.5,000/- to each of the
appellants within 8 weeks.
(S. DATTA PURKAYASTHA, J) (M.S. RAMACHANDRA RAO, CJ)
PIJUSH KANTI NAG
Digitally signed by PIJUSH KANTI NAG
Date: 2026.11.11 14:13:33 +05'30'