IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
WRIT PETITION NO. OF
2018 (S)
PETITIONER : MRS. TARA CHAURASIA
VERSUS
RESPONDENTS : THE STATE OF MADHYA PRADESH
DECLARATION
(Under Rule 25 of Chapter X)
The copies
as required by Rule 25 of Chapter X
of the High Court of Madhya Pradesh
Rules, 2008, have served upon
Clerk of office of the
Advocate General at PM on 2018 in Jabalpur.
PLACE : JABALPUR
DATE : ADVOCATE
FOR PETITIONER
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
WRIT PETITION NO. OF
2018 (S)
PETITIONER : MRS. TARA CHAURASIA
VERSUS
RESPONDENTS : THE STATE OF MADHYA PRADESH
I N D E X
|
S.
No.
|
Description
of documents
|
Annexure
|
Pages
|
|
1.
|
DECLARATION (Under Rule 25 of
Chapter X)
|
|
1
|
|
2.
|
Index
|
|
2
|
|
3.
|
Chronology of Events
|
|
3 & 4
|
|
4.
|
Memo of Writ petition with affidavit
|
|
5 TO 14
|
|
5.
|
List of documents.
|
|
15
|
|
6.
|
Copy of the appointment order dated 24.05.1997
|
P-1
|
16
|
|
7.
|
Copy of the
appointment order dated 26.05.1997
|
P-2
|
17
|
|
8.
|
Copy of the petitioner’s Identity Card dated 27.05.2002
|
P-3
|
18
|
|
9.
|
Copy of the
show cause notice dated 09.05.2002
|
P-4
|
19
|
|
10.
|
Copy of Training Order dated
09.05.2002
|
P-5
|
20
|
|
11.
|
Copy of the show cause notice dated 18.06.2002
|
P-6
|
21
|
|
12.
|
Copy of the reply dated 27.07.2002
|
P-7
|
22
|
|
13.
|
Copy of the
show cause notice dated 26.08.2002
|
P-8
|
23
|
|
14.
|
Copy of the show cause notice dated 13.01.2003
|
P-9
|
24
|
|
15.
|
Copy of the
application dated 13.01.2004 for re-instating back in service
|
P-10
|
25
|
|
16.
|
Copy of the Public complaint Redressal Department,
Vallabh Bhawan, Bhopal communication dated 19.01.2204
|
P-11
|
26
|
|
17.
|
Copy of the appointment order dated 08.03.2004
|
P-12
|
27
|
|
18.
|
VAKALATNAMA
|
|
28
|
|
19.
|
COURT
FEE
|
|
29
|
PLACE : JABALPUR
DATED
: ADVOCATE FOR PETITIONER
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
WRIT PETITION NO. OF
2017 (S)
PETITIONER : MRS. TARA CHAURASIA
VERSUS
RESPONDENTS : THE STATE OF MADHYA PRADESH
CHRONOLOGY OF EVENTS
|
S.No
|
Date
|
Events
|
|
1.
|
24.05.1997
|
Petitioner was appointed as an Assistant at Anganwadi
Centre No. 94, on temporary basis for a period of 3 months from the date of
appointment looking to her application previous services rendered by her.
|
|
2.
|
26.05.1997
|
Petitioner was
appointed as an Anganwadi Assistant at Anganwadi Ward No. 5, Anganwadi Centre
No. 94, on government approved emoluments of Rs.200/- as a contingency paid
employee.
|
|
3.
|
27.05.2002
|
Petitioner was to serve as a cook (Rasoiyya) in the
office of Chief Secretary in the year 2002.
|
|
4.
|
09.05.2002
|
Since
petitioner was to work as a cook therefore a show cause notice was issued to
her as to un-authorised absence from service.
|
|
5.
|
09.05.2002
|
Petitioner was
directed to take part in a 48 days training at Anganwadi Worker Training
Centre, Kalyani Hostel Premises, Shivaji Nagar, Bhopal.
|
|
6.
|
18.06.2002
|
Petitioner was served with a show cause notice dated
18.06.2002 as to why she was not undergone training on two occasions so also
absent from duties.
|
|
7.
|
27.07.2002
|
Petitioner submitted a reply to the show cause notice
dated 09.05.2002 stating that he was present in the duties and submitted her
regret for default of non-availability during inspection.
|
|
8.
|
26.08.2002
|
Since
petitioner was to work as a cook therefore a show cause notice was issued to
her as to un-authorised absence from service.
|
|
9.
|
13.01.2003
|
Petitioner was served with a show cause notice dated
13.01.2003 as to why she was not undergone training on two occasions so also
absent from duties.
|
|
10.
|
13.01.2004
|
Petitioner made
an application for re-instating back in service.
|
|
11.
|
19.01.2004
|
Petitioner made and application to Hon’ble Chief
Minister which was directed to Public complaint Redressal Department, Vallabh
Bhawan, Bhopal.
|
|
12.
|
08.03.2004
|
Petitioner was appointed on dated 08.03.2004 as an
Anganwadi Karyakarta at Anganwadi Ward No. 1, Anganwadi Centre No. 94, on the
recommendation of Secretary, Mahila Bal Vikas Samiti, Nagar Nigam Vide its
letter No. 34 dated 17.02.2002 on a monthly emolument of Rs.500/- and directed
him to join the services within 7 days from the date of receipt of
appointment order.
|
|
13.
|
|
Petitioner
preferred a Writ Petition under Article 226 of the Constitution of India
against in-action on the part of the respondent in not allowing the petitioner
to join the services, before the Hon’ble High Court of Madhya Pradesh
Principal Seat at Jabalpur.
|
PLACE
: JABALPUR
DATED
: ADVOCATE FOR
PETITIONER
Format No. 7
(Chapter X, Rule 23)
IN THE
HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR.
WRIT PETITION NO. OF 2017 (O)
PETITIONER : MRS. TARA CHAURASIA,
Aged about 52 years, W/o Mr. Naresh Chaurasia, Occupation –
dismissed Government Servant, R/o C/o Ms. Krishna Chaurasia, Plot No. 31, Kundan
Nagar, BHEL Sangam Square, Bag Mugalia, Hoshangabad Road, Bhopal – 462 043 (Madhya Pradesh), IDEA :
7697816961
.
VERSUS
RESPONDENTS : 1. THE STATE
OF MADHYA
PRADESH, Through the Principal Secretary, Women and Child Development
Department, Ministry, Vallabh Bhawan, Bhopal – (Madhya Pradesh).
2. Project Officer, Integrated Child Development Project, Motia Park, 7-A,
Medical Hostel Road, Shaheed Nagar, Bhopal – (Madhya Pradesh). Phone : 0755- 255 0910.
(Writ Petition under
Article 226 of the Constitution of India).
1. Particulars of the Cause/
Order against which the petition is submitted:
(1) Date of
Order / Notification/ Circular / Policy/ Decision Etc. : NIL
(2)
Passed in (Case Or File Number) : NIL
(3)
Passed by (Name and Designation of the
Court, Authority, Tribunal Etc.) : NIL
(4)
Subject – matter in brief: By
preferring this petition under Article 226 of the Constitution of India
invoking the extraordinary writ jurisdiction of this Hon’ble High Court by
calling in question the legality, validity, propriety and correctness of the in-action
on the part of the respondent authorities in not allowing the petitioner to
join the services. From pillar
to post petitioner, being the septuagenarian, knocked every door for the
redressal of his grievances but at the end petitioner surrenders himself before
this Hon’ble High Court to seek justice as litigation is the last resort when
governments completely disregard the rule of law. Without publication of the
show cause notice in the local newspaper petitioner can be removed ? is the
question involved in this writ petition.
Integrated
Child Development Services (ICDS) Scheme
Launched on 2nd October 1975, today, ICDS
Scheme represents one of the world's largest and most unique programmes for
early childhood development. ICDS is the foremost symbol of India's commitment
to her children – India's response to the challenge of providing pre-school
education on one hand and breaking the vicious cycle of malnutrition,
morbidity, reduced learning capacity and mortality, on the other.
Objectives
The Integrated Child Development Services
(ICDS) Scheme was launched in 1975 with the following objectives:
(i)to improve the nutritional and health
status of children in the age-group 0-6 years
(ii) to lay the foundation for
proper psychological, physical and social development of the child
(iii) to reduce the incidence
of mortality, morbidity, malnutrition and school dropout
(iv) to achieve effective
co-ordination of policy and implementation amongst the various departments to
promote child development
(v) to enhance the capability
of the mother to look after the normal health and nutritional needs of the
child through proper nutrition and health education.
Services
The above objectives are sought to be
achieved through a package of services comprising
(i) supplementary nutrition.
(ii) immunization.
(iii) health check-up .
(iv) referral services.
(v) pre-school non-formal education
and .
(vi) nutrition & health
education.
The concept of providing a package of
services is based primarily on the consideration that the overall impact will
be much larger if the different services develop in an integrated manner as the
efficacy of a particular service depends upon the support it receives from
related services.
2. A declaration that
no proceeding on the same subject matter has been previously instituted in any
Court, Authority or Tribunal, if instituted, the Status or result thereof,
along with copy of the Order:
Petitioner
declares that no proceeding on the same subject matter has been previously
instituted in any Court, Authority or Tribunal.
3. Details of the
remedied exhausted :
The
petitioner declares that he has availed all statutory and other remedies.
4. Delay, if any, in
filing the petition and explanation therefor
It is
most humbly and respectfully submitted that there is no delay in filing of the
instant writ petition.
5.
Facts of the Case :
1.
Petitioner is a peace loving national
of India and entitled for the all the benefit and fundamental rights as
enshrined in Part III of the Constitution of India. Respondents are the instrumentality
of state within the meaning of Article 12 of the Constitution of India and
therefore amenable to the writ jurisdiction of this Hon’ble High Court.
2.
Petitioner was
appointed as an Assistant at Anganwadi Centre No. 94, on temporary basis for a
period of 3 months from the date of appointment looking to her application
previous services rendered by her. Copy of the appointment order dated
24.05.1997 is filed herewith and marked as Annexure
P-1. Petitioner was appointed as an Anganwadi Assistant at Anganwadi
Ward No. 5, Anganwadi Centre No. 94, on government approved emoluments of
Rs.200/- as a contingency paid employee. Copy of the appointment order dated 26.05.1997
is filed herewith and marked as Annexure
P-2.
3.
Petitioner was to
serve as a cook (Rasoiyya) in the office of Chief Secretary in the year 2002.
Copy of the petitioner’s Identity Card dated 27.05.2002 is filed herewith and
marked as Annexure P-3. Since
petitioner was to work as a cook therefore a show cause notice was issued to
her as to un-authorised absence from service. Copy of the show cause notice
dated 09.05.2002 is filed herewith and marked as Annexure P-4.
4.
Petitioner was
directed to take part in a 48 days training at Anganwadi Worker Training
Centre, Kalyani Hostel Premises, Shivaji Nagar, Bhopal. Copy of Training Order
dated 09.05.2002 is filed herewith and marked as Annexure P-5. Petitioner was served with a show cause notice
dated 18.06.2002 as to why she was not undergone training on two occasions so
also absent from duties. Copy of the show cause notice dated 18.06.2002 is
filed herewith and marked as Annexure
P-6. Petitioner submitted a reply to the show cause notice dated
09.05.2002 stating that he was present in the duties and submitted her regret
for default of non-availability during inspection. Copy of the reply dated
27.07.2002 is filed herewith and marked as Annexure
P-7. Since petitioner was to
work as a cook therefore a show cause notice was issued to her as to
un-authorised absence from service. Copy of the show cause notice dated
26.08.2002 is filed herewith and marked as Annexure
P-8.
5.
Petitioner was
served with a show cause notice dated 13.01.2003 as to why she was not
undergone training on two occasions so also absent from duties. Copy of the
show cause notice dated 13.01.2003 is filed herewith and marked as Annexure P-9. Petitioner made an
application for re-instating back in service. Copy of the application dated
13.01.2004 for re-instating back in service is filed herewith and marked as Annexure P-10.
6.
Petitioner made
and application to Hon’ble Chief Minister which was directed to Public
complaint Redressal Department, Vallabh Bhawan, Bhopal. Copy of the Public
complaint Redressal Department, Vallabh Bhawan, Bhopal communication dated
19.01.2204 is filed herewith and marked as Annexure
P-11. Petitioner was appointed on dated 08.03.2004 as an Anganwadi
Karyakarta at Anganwadi Ward No. 1, Anganwadi Centre No. 94, on the
recommendation of Secretary, Mahila Bal Vikas Samiti, Nagar Nigam Vide its
letter No. 34 dated 17.02.2002 on a monthly emolument of Rs.500/- and directed
him to join the services within 7 days from the date of receipt of appointment
order. Copy of the appointment order dated 08.03.2004 is filed herewith and
marked as Annexure P-12. Thereafter the petitioner was removed from the service by
using capricious, colorable exercise of power and arbitrarily. Hence this
petition on following grounds amongst the others
6. Grounds urged :
A. For that, The
issue as raised herein as to whether the petitioner, a anganwadi worker, has a
right to serve beyond 60 years of age, is no more res-integra and has been
settled at rest by the decision in W. P. No. 13320 of 2009(s) (Smt. Santosh Dubey v. State of Madhya
Pradesh and others) and bunch of petitions by order dated 04-03-2010
wherein it was held :-
"13.
The Ministry of Woman and Child Development Department of the State Government
issued instructions on 27.5.2006 which lays down therein the service conditions
of the Anganwadi Workers and Sahayika. The circular issued on 27.5.2006 was in
supersession of the earlier instructions issued on 29.1.2001, 2.3.2002,
27.5.1996 and 12.9.2002. Under the said instructions the State Government laid
down the criteria for appointment of Anganwadi Worker/Sahayika, preference for
their appointment, procedure for selection and appointment, procedure for their
removal on the post of Anganwadi Worker/Sahayika. Clause B-5 deals with removal
of Anganwadi Sahayika. As per clause-D, the services of Anganwadi Worker/
Sahayika will be terminated on their attaining the age of 60 years after giving
one month's notice to them by the Project Officer. As per ICDS Scheme which
deals with the functions and responsibilities and its implementation was left
to the State Government and the State Government in pursuance thereto issue
instructions and, therefore, it cannot be said that the State Government is not
competent to remove them on their attaining the age of 60 years. As per the
said instructions/policy, the services of the petitioners can be discontinued
after their attaining the age of 60 years. The said instructions was also
superseded by the Ministry of Woman and Child Development Department of
Government of Madhya Pradesh by its instruction dated 10.7.2007. As per
instructions dated 10.7.2007, the services of Anganwadi Worker/Sahayika shall
be discontinued on attaining the age of 60 years.
B. For that, The circular dated 27.8.2003 was issued by the
Directorate of Woman and Child Development as at the relevant time the State
Government did not fix the maximum age of remaining in the job for Anganwadi
Worker/Sahayika. The aforesaid order merely conveys that Anganwadi
Worker/Sahayika can function even beyond the age of 58 years subject to
assessment of their physical efficiency and, therefore, all the petitioners and
other similarly situated Anganwadi Workers/Sahayika were allowed to function
beyond the age of 58 years. Thereafter, the State Government issued a policy
dated 27.5.2006 and 10.7.2007, wherein it is very specifically stipulated that
the Anganwadi Worker and Sahayika shall be automatically discontinued on
attaining the age of 60 years.
C. For that, The posts of Anganwadi Workers are not statutory
posts. They have been created in terms of the scheme. It is one thing to say
that there exists a relationship of employer and employee by and between the
State and Anganwadi Workers but it is another thing to say that they are
holders of civil posts.
D. For that, As per circular dated 10.7.2007 issued by the
State Government, retirement age of Anganwadi Workers (AWWs) and Anganwadi
Helpers is 60 years. They being honorary workers, are paid monthly honorarium
decided by the Government from time to time. The guidelines/policy framed by
the State Government which authorized the State Government to appoint them and
take disciplinary action and also terminate their services are applicable to
them and it cannot be said that they cannot be retired after completing the age
of 60 years without any appraisal to their efficiency as required by the
instructions of Government of India dated 15.6.1988.
E. For that, The association of the petitioner also
challenged the action of respondents by filing W.P. No. 10888/2009(PIL)
(Anganwadi Karyakarta Avam Sahayika Akta Union vs. State of M.P. and others) in
which this court rejected the prayer of interim relief and observed that in
case of success the members of the petitioner's union shall be entitled to all
consequential benefits.
7. Relief Prayed for :
(a)
That the Hon’ble High court shall be
pleased to call for the entire original record of lis for its kind perusal.
(b)
That the Hon’ble High Court shall be
pleased to issue suitable writ or direction to the respondent authorities to re-instate
back the petitioner with all consequential benefits.
(c)
Cost of this petition be also awarded in
favour of the petitioner.
Any other relief deemed fit and proper looking to the facts
and circumstances of the case may also be granted.
8.
Interim Order / Writ, if prayed for :
In view
of the facts and circumstance of the case during pendency of instant writ
petition the respondent authorities be directed to maintain status quo in
respect of services of petitioner, in the larger interest of justice.
9.
Documents relied on but not in
possession of the petitioner :
All the relevant material and original records in relation
to subject matter in dispute is lying with respondent authorities which my
kindly be requisitioned by the Hon’ble High Court for its kind perusal.
10.
Caveat :
That, no
notice of lodging a caveat by the opposite party is received.
PLACE
: JABALPUR
DATED:
ADVOCATE FOR PETITIONER
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
WRIT PETITION NO. OF
2018 (S)
PETITIONER : MRS. TARA CHAURASIA
VERSUS
RESPONDENTS : THE STATE OF MADHYA PRADESH
AFFIDAVIT
I, MRS. TARA CHAURASIA, Aged about 52 years, W/o Mr. Naresh
Chaurasia, Occupation – dismissed Government Servant, R/o C/o Ms. Krishna
Chaurasia, Plot No. 31, Kundan Nagar, BHEL Sangam Square, Bag Mugalia,
Hoshangabad Road, Bhopal – 462 043 (Madhya Pradesh), IDEA : 7697816961, do hereby state on oath as under :
1. That I am the Petitioner in the above mentioned writ
petition and am fully conversant with the facts deposed to in the Writ
Petition.
2.
That the contents of paragraphs 1 to
10 of the accompanying writ petition are true to my personal knowledge and the
contents of paragraphs are based on legal advice, which I believe to be true.
No material has been concealed and no part is false.
3.
That the Annexure No(s). P-1 to P-12
to the accompanying writ petition are true copies of the originals and I have
compared the said Annexure with their respective originals and certify them to
be true copies thereof.
PLACE : JABALPUR
DATED : DEPONENT
VERIFICATION
I, MRS. TARA CHAURASIA, the above named deponent do hereby
verify on oath that the contents of the affidavit above are true to my personal
knowledge and nothing material has been concealed or falsely stated. Verified
at ______this______day of _______
DEPONENT
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
WRIT PETITION NO. OF
2018 (S)
PETITIONER : MRS. TARA CHAURASIA
VERSUS
RESPONDENTS : THE STATE OF MADHYA PRADESH
LIST OF DOCUMENTS
|
S.No
|
Description of document
|
Date of document
|
Original copy
|
Number of page
|
|
1.
|
Appointment order of petitioner
|
24.05.1997
|
Xerox
|
01 (One)
|
|
2.
|
Appointment order of petitioner
|
26.05.1997
|
Xerox
|
01 (One)
|
|
3.
|
Petitioner’s Identity Card
|
27.05.2002
|
Xerox
|
01 (One)
|
|
4.
|
Show cause
notice issued to petitioner
|
09.05.2002
|
Xerox
|
01 (One)
|
|
5.
|
Training Order
|
09.05.2002
|
Xerox
|
01 (One)
|
|
6.
|
Show cause notice issued to petitioner
|
18.06.2002
|
Xerox
|
01 (One)
|
|
7.
|
Reply filed by petitioner
|
27.07.2002
|
Xerox
|
01 (One)
|
|
8.
|
Show cause
notice issued to petitioner
|
26.08.2002
|
Xerox
|
03 (Three)
|
|
9.
|
Show cause notice issued to petitioner
|
13.01.2003
|
Xerox
|
01 (One)
|
|
10.
|
Application for
re-instating back in service
|
13.01.2004
|
Xerox
|
01 (One)
|
|
11.
|
Public complaint Redressal Department, Vallabh Bhawan,
Bhopal communication
|
19.01.2004
|
Xerox
|
01 (One)
|
|
11.
|
Appointment order issued to petitioner
|
08.03.2004
|
Xerox
|
01 (One)
|
PLACE
: JABALPUR
DATED
: ADVOCATE FOR
PETITIONER
APPENDIX 1-A
FORMAT OF V A K A L A T N A M A
[Rules 4 (1) of the Rules framed under the Advocates Act,
1961]
IN THE HIGH COURT OF MADHYA PRADESH
PRINCIPAL SEAT AT JABALPUR
WRIT PETITION NO. OF
2018 (S)
PETITIONER : MRS. TARA CHAURASIA
VERSUS
RESPONDENTS : THE STATE OF MADHYA PRADESH
I, the petitioner named below do
hereby appoint, engage and authorize advocate (s) named below to appear, act and plead in aforesaid case /
proceeding, which shall include applications for restoration, setting aside for
ex - parte orders, corrections, modifications, review and recall of orders
assed in these proceedings, in this Court or in any other Court in which the
same may be tried / heard / proceeded with and also in the appellate,
revisional or executing Court in respect of the proceedings arising from this
case / proceedings as per agreed terms and conditions and authorize them to
sign and file pleadings , appeals,
cross objections, petitions, applications, affidavits, or the other documents
as may be deemed necessary and proper for the prosecution / defence of the said case in all its stages
and also agrees to ratify and confirm acts done by them as if done by me.
In witness whereof I do hereby set my hands to these
presents, the contents of which have been duly understood by me, this – day of
----------------- 2017 at Jabalpur.
Particulars (in block letters) of each Party Executing
Vakalatnama
|
Name and father s / Husband s Name
|
Registered Address
|
E-Mail Address (if any)
|
Telephone Number (if any)
|
Status in the case
|
Full Signature/
**Thumb Impression
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
(6)
|
DR. VINDHYA CHAL
SINGH, Aged about 71 years, S/o Late Mr. Mitthu Singh,
|
D-201,
Kukreja Plaza, Sector XI, Plot No. 47, Near K Star Hotel, CBD Belapur, Navi Mumbai – 40 0614
(Maharshtra)
|
E-Mail : drvcsingh.1945@gamil.com
|
BSNL : 9425800455
|
PETITIONER
|
|
Accepted
Particulars (in block letters) of each Advocate Accepting
Vakalatnama
|
|
Full
Name & Enrollment No. in State Bar Council
|
Address
for Service
|
E-mail
Address (if any)
|
Telephone
Number (if any)
|
Full
Signature
|
|
|
(1)
|
(2)
|
(3)
|
(4)
|
(5)
|
|
1.
|
VIJAY
RAGHAV SINGH
EN.
No. M. P. / ADV / 1554 / 2003
|
SEAT
NO. 93, GOLDEN JUBILEE BUILDING, CHAMBER NO. 317, VIDHI BHAWAN, HIGH COURT
PREMISES, JABALPUR 482 001
|
IDEA 98261-43925
|
|
|
|
2.
|
MRS.
POONAM SINGH
EN.
No. M. P. / ADV / 3159 / 2004
|
-DO-
|
|
||
|
3.
|
AMIT
KUMAR KHARE,
EN.
No. M. P. / ADV / 1291/ 2006
|
HOUSE
NO. 1483 / 17, SARASWATI COLONY, BEHIND PARIJAT BUILDING, CHERITAL, JABALPUR
482 001
|
NIL
|
BSNL 94258 66726
LAND LINE
0761 - 2345 005
|
|
|
4.
|
VIJAY
KUMAR SHRIVASTAVA, EN. No. M. P. / ADV
/ 949/ 2006
|
SEAT
NO. 81, HALL NO. 1, FIRST FLOOR, VIDHI BHAWAN, HIGH COURT PREMISES, JABALPUR
482 001
|
NIL
|
IDEA : 97539 13103
AIRTEL 97554 82448
|
|
*Score out which is not applicable
** The thumb impression shall be attested by a literate
person giving above particulars.
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