Ponnammal. C v. Union Of India

1 W.P.(MD)NO.21568 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.11.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.21568 of 2022 and W.M.P.(MD)No.15715 of 2022

1. C.Ponnammal

2. M.Sabura Beevi

3. T.Latha

4. M.Palaniammal

5. P.Vijaya

6. S.Amutha

7. Z.Faritha Begum ... Petitioners Vs.

1. The Union of India, Through its Secretary to Government, Ministry of Women and Child Development, Shastri Bhawan, New Delhi.

2. The State of Tamilnadu, Through its Secretary to Government, Social Welfare and Nutritious Meal Programme Department, Fort St. George, Chennai - 600 009.

3. The Special Commissioner / Director Integrated Child Development Services, Tharamani, Chennai - 600 113.

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4. The District Collector, Karur District, (District Project Officer, ICDS), Karur.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing respondents 2 to 4 herein to promote / appoint the petitioners as Anganwadi Workers in any of the Anganwadi Centers in Karur Disrict.

For Petitioner : Mr.VR.Shanmuganathan For R-1 : Mr.P.Paul Pandi, Special Panel Counsel.

For R-2 to R-4 : Mr.D.S.Nedunchezhian, Government Advocate.

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O R D E R

Heard the learned counsel on either side.

2. The petitioners are presently working as Anganwadi helpers in various centres of Karur District. They seek promotion as Anganwadi workers. The apprehension of 2/6

3 W.P.(MD)NO.21568 OF 2022 the writ petitioners was that they may be considered as age barred. The petitioner's counsel relies on the rule which states that if Anganwadi helper has completed ten years of service, he is entitled to be promoted.

3. When the matter was taken up for hearing, the respondents filed counter affidavit. Paragraph No.3(c) and (d) reads as follows:- " c. The Government also issued a Government Letter vide letter No.

15631/SW-7/2006 conveyed that 25% of the vacancies may be filled up by giving promotion to Anganwadi Helpers and the Government of Tamil Nadu vide letter No.15631/SW(7)/2011 dated 13.03.2011 prescribed the modus of giving promotion to the Anganwadi Helpers as follows:- i) The Anganwadi Helper must have completed 10 years of service an Anganwadi Helper;

ii) Must have passed 10th standard; and iii) A district level panel of eligible persons 3/6

4 W.P.(MD)NO.21568 OF 2022 must be drawn and promotion given as Anganwadi Worker on the basis of the seniority.

d) In accordance with the above Government Letter, a seniority panel for providing promotion to the Anganwadi Helper as Anganwadi Worker district wise was drawn and 25% of the vacancies were filed up with eligible candidates, who have studied 10th standard and extended 10 years service as Anganwadi Helper was drawn and district wise promotion provided to those candidates who came within the zone of recokoning."

4. Since the respondents made clear their stand, the petitioners' apprehension is not well founded. Recording the stand of the respondents, this writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.

29.11.2022 Index : Yes / No Internet : Yes/ No 4/6

5 W.P.(MD)NO.21568 OF 2022 PMU To:

1. The Secretary to Government, Union of India, Ministry of Women and Child Development, Shastri Bhawan, New Delhi.

2. The Secretary to Government, State of Tamil Nadu, Social Welfare and Nutritious Meal Programme Department, Fort St. George, Chennai - 600 009.

3. The Special Commissioner / Director Integrated Child Development Services, Tharamani, Chennai - 600 113.

4. The District Collector, Karur District, (District Project Officer, ICDS), Karur.

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6 W.P.(MD)NO.21568 OF 2022 G.R.SWAMINATHAN,J.

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