Smt. V. Jayasree, Medak District v. The Joint Collector, Medak District And 4 Others

HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI WRIT PETITION No.25572 of 2008 ORDER:

This writ petition is filed seeking a Writ of Mandamus declaring the action of respondents in not selecting the petitioner after conducting interview on 19.09.2007 for the post of Anganwadi worker of Sikarkhana village of Manoor Mandal in Medak District, as illegal, arbitrary, unjust and violative of Articles 14, 19 and 21 of the Constitution of India and also against G.O.Ms.No.21, dated 24.08.2007, and sought a consequential direction directing the respondents to issue posting orders to the petitioner for the post of Anganwadi Worker of Sikarkhana village of Manoor Mandal in Medak District instead of respondent No.5. 2.

Heard Sri S.R.Deshmukh, counsel for petitioner and the Government Pleader appearing for respondents. 3.

It has been contended by the counsel for petitioner that though the writ petition is filed challenging the action of respondents in appointing respondent No.5, as already 10 years are passed since the appointment of respondent No.5, at this stage, the petitioner is not seriously challenging such appointment. However, he contended that if there are any vacancies, let the respondents consider the case of petitioner for appointment as Anganwadi Worker in accordance with law. 4.

The Government Pleader appearing for respondents has contended that if petitioner submits a representation for appointment as Anganwadi

worker, the respondents would consider the same and pass appropriate orders in accordance with law.

5.

This Court, having considered the rival submissions made by the parties, is of the considered view that this writ petition can be disposed of directing the petitioner to submit a representation afresh to the respondents within two weeks from the date of receipt of a copy of this order, staking her claim for appointment to the post of Anganwadi Worker in any of the existing vacancies, and upon receiving such representation, the respondents shall consider the same and pass appropriate orders in accordance with law in another Six weeks thereafter.

6.

With these directions, the writ petition is disposed of. No order as to costs.

Pending miscellaneous applications, if any, shall stand closed. ______________________________ ABHINAND KUMAR SHAVILI, J 13th November, 2019 ajr