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High Court of KeralaWP(C)/6356/2012disposed of

Saraswathi.V v. State Of Kerala

2015-09-10Honourable Mr. Justice Anil K.Narendran5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN THURSDAY, THE 10TH DAY OF SEPTEMBER 2015/19TH BHADRA, 1937 WP(C).No. 6356 of 2012 (T) --------------------------- PETITIONER(S):

-------------------------- SARASWATHI.V AGED 43 YEARS W/O. VISWANATHAN.V.V., PENDANATH HOUSE KOTTARKUNNU.P.O., VELLAMUNDA, WAYANAD DISTRICT. BY ADV. SMT.K.R.KRISHNAKUMARI RESPONDENT(S):

----------------------------

1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT SOCIAL WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001.

2. THE DIRECTOR SOCIAL WERLFARE DEPARTMENT THIRUVANANTHAPURAM-695001.

3. THE DISTRICT SOCIAL WELFARE OFFICER KALPETTA, WAYANAD DISTRICT-673121.

4. THE CHILD DEVELOPMENT PROJECT OFFICER VELLAMUNDA ICDS PROJECT, WAYANAD DISTRICT-673121. BY SRI V.K.RAFEEQ, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 6356 of 2012 (T) --------------------------- APPENDIX PETITIONER'S EXHIBITS:

EXT.P1 COPY OF THE G.O.(MS) NO.79/2010 SWD DATED 10-11-2010 ISSUED BY THE 1ST RESPONDENT.

EXT.P2 COPY OF THE G.O.(RT) NO. 25/2011/SWD DATED 17-1-2011 ISSUED BY THE 1ST RESPONDENT.

EXT.P3 COPY OF THE SENIORITY LIST OF ANGANWADI WORKERS IN VELLAMUNDA PANCHAYAT.

EXT.P4 COPY OF THE SENIORITY LIST OF ANGANWADI HELPERS IN VELLAMUNDA PANCHAYAT.

EXT.P5 COPY OF THE ORDER OF THIS HON'BLE COURT DATED 9-8-2011 IN WPC NO. 21669/2011.

EXT.P6 COPY OF THE G.O.(MS) NO. 05/2012/SWD DATED 30-1-2012 ISSUED BY THE 1ST RESPONDENT.

EXT.P7 COPY OF THE G.O.(MS) NO 58/2008/SWD DATED 22-10-2008 ISSUED BY THE 1ST RESPONDENT.

EXT.P8 COPY OF HTE CIRCULAR NO.ICDS/B4-25307/10 DATD 21.03.2012 ISSUED BY THE 2ND RESPONDENT RESPONDENTS' EXHIBITS:N I L //TRUE COPY// P.A. TO JUDGE JV

ANIL K. NARENDRAN, J.

------------------------------- W.P.(C) No.6356 of 2012 ---------------------------------------------- Dated this the 10th day of September, 2015

JUDGMENT

This writ petition is filed by the petitioner seeking various reliefs including a writ of mandamus commanding respondents 3 and 4 to follow the seniority of temporary Anganwadi Workers/Helpers for regular appointment in Vellamunda Panchayat strictly in accordance with Exts.P3 and P4 seniority lists prepared as per Ext.P1 and P2 Government Orders.

2. Today, when the case was taken up for final hearing, the learned counsel for the petitioner would submit that as on today, the petitioner is working in a regular vacancy of Anganwadi Worker in Vellamunda Panchayat on temporary basis. She is Rank No.2 in Ext.P3 seniority list of Anganwadi Workers in Vellamunda Panchayat.

Her claim for appointment as Anganwadi Worker on regular basis has to be considered by the 4th respondent in view of the judgment of this Court in W.P.(C). No.16481/2011 and connected cases dated 24.07.2015. Para 8 of the aforesaid judgment reads thus:

W.P.(C) No.6356/2012 8.

Resultantly, I find that the Government Order G.O.(MS). No.31/2012/SWD dated 30.05.2012, to the extent it cancels the earlier Government Orders, namely, G.O.(MS).

No.73/2010/SWD, G.O.(MS).No.77/2010/SWD, G.O.(MS).

No.79/2010/SWD and G.O.(MS).No.82/2010/SWD, cannot be legally sustained and accordingly, I quash the same. Considering the period of time that has elapsed on account of the pendency of these writ petitions, and the situation where there are persons, who are included in the seniority lists prepared under various projects in the State, who are awaiting regular appointment to the posts of Anganwadi Workers/Helpers, I direct the Government to take expeditious steps to make appointments to the vacancies in the permanent posts of Anganwadi Workers/Helpers, in accordance with the priority envisaged in the various Government Orders that were cancelled by the Government Order dated 30.05.2012, within a period of four months from the date of receipt of a copy of this judgment."

3. I heard the arguments of the learned counsel for the petitioner and also the learned Government Pleader appearing for the respondents.

4. The learned Government Pleader submitted that in view of the judgment of this Court in W.P.(C). No.16481/2011 and connected cases, the claim made by the petitioner for regular appointment as Anganwadi Worker can be considered by the 4th respondent within a time limit that may be fixed by this Court. In such circumstances, this writ petition is disposed of

W.P.(C) No.6356/2012 directing the 4th respondent to consider the claim of the petitioner for appointment on regular basis as Anganwadi worker in terms of the judgment of this Court dated 24.07.2015 in W.P.(C). No.16481/2011 and connected cases. SD/- ANIL K. NARENDRAN, JV JUDGE