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High Court for State of TelanganaWP/6479/2007dismissed

Valmiki Naga Lakshmi v. The Project Director, District Women And Child

2015-07-14Sanjay Kumar2 pages

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.6479 OF 2007 DATED: 14.07.2015 Between:

Valmiki Naga Lakshmi .. Petitioner And The Project Director, District Women & Child Welfare Society, Ananthapur and others.

.. Respondents THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.6479 of 2007 ORDER:

The challenge in this writ petition was to the proceedings dated 29.01.2007 of the Project Director, District Women & Child Development Agency, Anantapur, whereby the 4th respondent was selected as the Anganwadi Worker for Ragulapadu Village, Vajrakavur Mandal, Anantapur District.

By order dated 30.03.2007, this Court granted interim suspension of the proceedings dated 29.01.2007. W.V.M.P.No.3866 of 2012 was filed by the 4th respondent while W.V.M.P.No.3705 of 2011 was filed by the officers of the State to vacate the above order. However, as the pleadings are complete, the writ petition itself is amenable to final disposal and is accordingly so disposed of with the consent of all the learned counsel. The only ground of challenge to the impugned proceedings dated 29.01.2007 was that the 4th respondent was not the daughter-inlaw of Ragulapadu Village as required by the norms. However, the

counter-affidavit filed by the Project Director, District Women & Child Development Agency, Anantapur, reflected that the 4th respondent married one Kumara Swamy, who was a resident of Nerametla Village, and after his death on 06.07.1997, she started residing at Ragulapadu Village.

She possessed a voter identity card and household supply card, which clearly established that she was a resident of Ragulapadu Village. The Sarpanch of the village also certified that after the demise of her husband, she came back to Ragulapadu Village and settled there with her parents. The intention of the authorities in insisting that the Anganwadi Worker appointed at a particular location should be the daughter-inlaw of that village is to see that she would not leave that location upon marriage. As the 4th respondent is a widow and shifted back to her parents' residence, the ground of attack that she is not a daughter-inlaw of Ragulapadu Village is liable to be rejected as her residence at Ragulapadu Village is not disputed. The spirit and import of the regulation stands complied with once it is established that the selected candidate, the 4th respondent herein, is a resident of the village and that there is no reason to apprehend her leaving the village.

The writ petition is therefore bereft of merit and is accordingly dismissed.

Interim order dated 30.03.2007 shall stand vacated. Pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

____________________ JUSTICE SANJAY KUMAR 14th July, 2015 IBL