N. Sunitha, Kurnool Dist v. Prl Secy, Women And Child Welfare Dept. Guntur Dist And 3 Ot

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.13972 OF 2017 Dated:12.07.2018 Between:

N.Sunitha W/o.M.Sekhar, Age : 37 yrs, Anganwadi Helper, Vaddegeri Center Code No.94, R/o.Vaddegeri Village, Kurnool Urban, Kurnool District.

.. Petitioner And The State of Andhra Pradesh, rep., by its Principal Secretary, Women and Child Welfare Department, Secretariat, Velagapudi, Guntur District and others .. Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No.13972 OF 2017 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Women and Child Welfare Department. 2.

Petitioner is challenging the notification dated 12.09.2015 to fill up the post of Anganwadi Worker in Vaddegeri Center of Kurnool Urban, Kurnool District. Petitioner is working as Anganwadi Helper and claims promotion as Anganwadi worker. 3.

The issue whether in-service candidates working as Anganwadi Helpers are entitled to be considered for promotion, when eligible Anganwadi Helpers are available; whether the respondent-authorities can resort to open recruitment was considered by this Court in W.P.No.35622 of 2015. This Court has set aside the recruitment notification issued in similar manner and directed to consider the petitioners therein for appointment/promotion as Anganwadi workers in the respective villages subject to their eligibility and suitability in the existing vacancies of the respective villages.

4.

In the instant case petitioner is also working as Anganwadi Helper and in the same center the post of Anganwadi worker is available.

5.

In view of the same, following the earlier decision, the impugned notification is set aside and the Writ Petition is allowed. The respondent-authorities are directed to consider the claim of

petitioner for appointment/promotion as Anganwadi Worker in Vaddegeri Center, Code No.94, Kurnool Urban, Kurnool District, as per her eligibility and suitability in the existing vacancies. Such consideration shall be completed within a period of four (4) weeks from the date of receipt of copy of the order. Pending miscellaneous petitions, if any, shall stand closed. _____________________ P. NAVEEN RAO, J Date:12.07.2018 Rds