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High Court for State of TelanganaWP/40826/2015disposed of no costs

P.Nagaveni v. The State Of Andhra Pradesh Rep. By Its Principal Secretary

2016-01-04P Naveen Rao4 pages

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 04.01.2015 Between:

P.Nagaveni, W/o Chintala Naidu, Aged about 29 years, R/o Lingappagaripalle Village, Bukkapatnam (Manda), Ananthapuram District.

.....Petitioner And The state of Andhra Pradesh, rep.by its Principal Secretary, Women and Child Welfare Department, Secretariat, Hyderabad and others.

.....Respondents

The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

Petitioner is working as Anganwadi Helper in Lingappagaripalle village. According to the learned counsel for petitioner, there is vacancy of post of Anganwadi Worker in the village where petitioner is working and petitioner is fully eligible and qualified for appointment/promotion as Anganwadi Worker. Various orders of the respondent authorities provide for consideration for grant of elevation of status of Anganwadi Helper if there is vacancy of Anganwadi Worker in the same village and subject to fulfillment of other conditions, though petitioner is eligible and vacancy is available, the same is not filled up till date for no justifiable reason or cause.

2. Written instructions furnished to the learned Government Pelader do not dispute the eligibility of the petitioner for appointment/promotion as Anganwadi Worker and availability of vacancy in the village where petitioner is working as Anganwadi Helper. Vague assertion is made in para-3 of the instructions that for extraneous circumstances, vacancy could not be filled up.

3. When it is admitted that petitioner is eligible and the instructions on the subject make a provision for such elevation of status in the same village, where petitioner is working, there is no justifiable reason or cause to ignore the claim of the petitioner and it is strange on the part of the authorities like, Project Director, to say that for extraneous circumstances the vacancy could not be filled up. I do not see any justification for not considering the claim of the petitioner.

4. Accordingly, Writ petition is disposed of directing the respondents to consider the claim of the petitioner for appointment/promotion as Anganwadi Worker in the existing vacancy in Lingappagaripalle village and if the petitioner is otherwise eligible, the same shall be granted as expeditiously as possible, preferably within a period of six weeks from the date of receipt of copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

___________________________ JUSTICE P.NAVEEN RAO Date: 04.01.2016 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 04.01.2016 kkm