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Judgment
A. Guneshwar Sharma, J
[1] Heard Mr. HS Paonam, learned senior counsel for the petitioners.
[2] Issue notice.
[3] Ms. RK Emily, learned Deputy GA assisting Mr. S. Nepolean, learned GA accepts notice on behalf of respondents. Hence, service is complete on respondents.
[4] Learned GA prays for two weeks’ time for filing counter affidavit.
[5] Mr. H.S Paonam, learned senior counsel for the petitioners prays for an interim order of staying the impugned orders dated 07.11.2024, 12.11.2024 and 18.11.2024 wherein the power of appointment of Anganwadi Workers and Helpers has been delegated to the District Magistrates/Deputy Collectors of the districts in place of the CDPO in terms of the Instruction dated 14.03.2018 issued by Ministry of Women & Child Development, Government of India.
[6] Mr. H. S Paonam, learned senior counsel for the petitioners draws the attention of this Court to the Instruction dated 14.03.2018 issued by Government of India wherein the power of appointment of Anganwadi Workers and Helpers for the Aspirational districts are delegated to the District Magistrates/District Collectors whereas for the non-Aspirational, it is with the CDPO of the concerned Social Welfare Department. Learned senior counsel for the petitioners refers to the judgement & order dated 17.01.2024 passed by this Court in WP(C)No.209 of 2023 wherein it has been held that for the Aspirational Districts, the power to appoint Anganwadi Workers and Helpers is delegated with the District Magistrates/Deputy Collectors and for non-Aspirational Districts, it is with the CDPO in terms of the Instruction dated 14.03.2018 issued by Ministry of Women & Child Development, Government of India. It is also pointed out that in Manipur, Chandel District is the only Aspirational District recognized by Government of India.
[7] It is submitted that the impugned orders/letters taking away the power of appointment of Anganwadi Workers and Helpers from the CDPO is in violation of the Instruction dated 14.03.2018 and judgment & order dated 17.01.2024 passed by this Court.
[8] On the other hand, Mr. S. Nepolean, learned GA clarifies that in para 2 of the Instruction, it is mentioned that the power for recruitment of Anganwadi Workers and Helpers may be delegated to the concerned District Magistrates/District Collectors across the country and the present exercise has been undertaken due to difficulties faced by some of the CDPOs who are not able to visit their concerned Districts.
[9] Mr. S. Nepolean, learned GA has further pointed out that in the Instruction dated 14.03.2018, it is not specially mentioned that only CDPOs are the authority for recruitment of Anganwadi Workers and Helpers.
[10] Mr. H. S Paonam, learned senior counsel for the petitioners further clarifies that the difficulties of the officials in exercising its duty shall not be a ground to take away the power for recruitment of Anganwadi Workers & Helpers which is mandated by the Instruction issued by the Government of India.
[11] Learned GA prays for some time to take instruction in this regard.
[12] Status quo as on dated shall be maintained till the next date.
[13] Furnish a copy of this order to the learned counsel for the parties in the course of the day.
[14] List on 27.11.2024 for consideration of interim order.