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High Court of KeralaWP(C)/7326/2012closed

P. Candramathy v. The State Of Kerala

2015-11-12Honourable Mr.Justice A.M.Shaffique4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937 WP(C).No. 7326 of 2012 (M) --------------------------- PETITIONER(S):

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1. CHANDRAMATHI, W/O.K.M.KRISHNAN, ANGANWADI WORKER, MANNAZHIYIL HOUSE, CHETTIPADI P.O, PIN 67319, MALAPPURAM DISTRICT.

2. LEELA .A.V., W/O.RAMAKRISHNAN, ARANGIL HOUSE, PAZHAYA THERU, P.O.CHETTIPADI, PIN- 676 319.

3. THANKAM M.P.,W/O.SOMAN, ANGANWADI WORKER, AMBILI PRESS P.O., VELIMUKKU SOUTH, MALAPPURAM DISTRICT.

4. PANKAJAVALLI,W/O.KRISHNANKUTTY, ANGANWADI WORKER, MADHAVINILAYAM, MANNARAKKAL, P.O KAKKAD,PIN -676 306, MALAPPURAM DISTRICT.

BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S):

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1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN -695 001.

2. THE SOCIAL WELFARE DIRECTOR, THIRUVANANTHAPURAM, PIN -695 001.

3. THE CHILD DEVELOPMENT PROJECT OFFICER, TIRURANGADI, MALAPPURAM DISTRICT, PIN -676 306. BY GOVERNMENT PLEADER SRI.P.K.ABDUL RAHMAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

sts

WP(C).NO.7326/2012 APPENDIX PETITIONER'S EXHIBITS:

P1 COPY OF THE EXPERIENCE CERTIFICATE DATED 14/2/2012 ISSUED TO THE 1ST PETITIONER BY THE ISSUED TO 1ST PETITIONER BY THE 3RD RESPONDENT P2 COPY OF THE EXPERIENCE CERTIFICATE DATED 21/2/2012 ISSUED TO 3RD PETITIONER BY THE 3RD RESPONDENT P3 COPY OF THE EXPERIENCE CERTIFICATE DATED 14/2/2012 ISSUED TO 4TH PETITIONER BY THE 3RD RESPONDENT P4 COPY OF THE G.O(MS) NO.73/2010/SWD DATED 7/10/2010 RESPONDENT'S EXHIBITS:

NIL /TRUE COPY/ P.S.TO JUDGE sts

A.M. SHAFFIQUE, J.

============= W.P. (C) No. 7326 of 2012 =================== Dated this, the 12th day of November, 2015

J U D G M E N T

Petitioners are Anganwadi workers in various Anganwadis under the jurisdiction of the 3rd respondent. They contend that they have been working for more than 25 years and they will be completing the age of 60 years within a short time. By Ext.P4 Government Order dated 7/10/2010, it has been indicated that if there are vacancies and when there are no Anganwadi Helpers eligible for promotion as Anganwadi workers and there is no current select list of eligible candidates from which Anganwadi workers are available for appointment, Anganwadi workers who have completed 60 years of age could be allowed to be continued. Based on the aforesaid Government Order, petitioners have approached this Court seeking for a direction to allow them to continue in service. An interim order had been passed by this Court on 03/4/2012, which reads as under;

"Govt.Pleader seeks further time to get instructions. In view of the direction issued by this Court in WA

W.P(C) No.7326/12 -:2:- No.1479/10, I am satisfied that an interim direction can be granted. There shall, therefore be an interim direction to the respondents to permit the petitioners to continue in service as Anganwadi workers under the third respondent till eligible candidates are appointed in their places as per Ext.P4 provided they are physically and mentally fit and no other candidates are available, until further orders."

2.

Learned Government Pleader submits that following the aforesaid interim order, by virtue of another Government Order, the age of Anganwadi workers had been extended upto 62 years.

Facts being so, I do not think that any further directions are required to be passed in the case. Government had already taken appropriate decision in the matter after taking into consideration the interim order as well. That apart, if the petitioners have any further grievance, it is always open for them to make appropriate representation to the respondents. Reserving such liberty, this writ petition is closed.

Sd/- A.M. SHAFFIQUE, JUDGE Rp 13/11/2015 //True Copy// P.S to Judge