S.Kavitha v. The District Project Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.11.2020

CORAM

THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.No.33188 of 2007 and M.P.No.1 of 2007 S.Kavitha

...Petitioner

Vs The District Project Officer, Anganvadi, Krishnagiri District, Krishnagiri.

... Respondent Prayer: Writ Petition is filed under Article 226 of the Constitution of India, seeking issuance of a writ of certiorarified mandamus, to call for the records on the file of the respondent in Proc.No.Na.Ka.156/2006/A1 dated 07.08.2007 and quash the same as illegal, incompetent and without jurisdiction and further direct the respondent to reinstate the petitioner to the service of Anganvadi employee.

For Petitioner : No appearance For Respondent : Mr.P.Chinna Durai Additional Government Pleader

O R D E R

The prayer sought for in the writ petition is for issuance of Writ of Certiorarified Mandamus, to quash the order of the respondent dated 07.08.2007 and consequently, to direct the respondent to reinstate the petitioner to the service of Anganvadi employee.

2. It is the case of the petitioner that she was appointed as Anganvadi worker in the Child Welfare Development Association, Mathur on 27.07.2007 and subsequently, she was removed from service by order of the respondent dated 07.08.2007. Challenging the same the present writ petition.

3.There is no representation for the petitioner. Heard the learned Additional Government Pleader for the respondent and perused the materials available on record.

4.On perusal of the records it would reveal that the Government issued a notification dated 05.01.2007 for establishment of the Child Welfare Department Scheme in the Village sectors and applications were also called for filling up the posts in Anganvadi Centres. The petitioner also applied for employment in the Anganvadi Centres. After verification of the records by the scrutinizing committee, the petitioner was appointed as Anganvadi Worker in the Child Welfare Development Association, Mathur. Subsequently, she was removed from service for the reason that her husband was also working in the Co-Operative Society (Handloom) Uthangarai. According to the petitioner, the principle of one employment to a family in the Government service was withdrawn by the State in G.O.36 (Social Welfare and Nutritious Scheme Department), dated 06.02.1997 and the reasons given in the impugned order was also unfounded.

5. However, at the time of submission of application, the petitioner has stated that no one was employed in her family and also submitted a false income certificate, based on which, she was appointed as Anganvadi Worker. Subsequently, it was found that petitioner's husband was also working in the Co-Operative Society (Handloom) Uthangarai. As the petitioner got appointment by suppressing the said fact, she was removed from service.

6. Considering the above facts and circumstances, this Court does not find any merit in this writ petition. Hence, the writ petition is dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar

ms To The District Project Officer, Anganvadi, Krishnagiri District, Krishnagiri.

+1cc to Mr.V.Raghavachari, Advocate Sr.36629 +1cc to the Government Pleader Sr.36485 W.P.No.33188 of 2007 gj[co] srg 08/12/2020