P.K.Leela v. Child Development Project Officer

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 12TH DAY OF OCTOBER 2015/20TH ASWINA, 1937 WP(C).No. 34021 of 2003 (A) ---------------------------- PETITIONERS :

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1. P.K.LEELA, ANGANWADI WORKER, CENTRE NO.122, KONOTT ANGANWADI, POST.KONOTT, VIA. KUNNAMANGALAM

2. MANOMANI.K, ANGANWADI WORKER, CENTRE NO.137, PALAKUTTI ANGANWADI, POST.REC, CALICUT

3. SUKUMARI AMMA, ANGANWADI WORKER, CENTRE NO.135, MYSOORPAKA ANGANWADI, P.O.THODUMUKKU, VIA.AREECODE

4. LEELA.A., ANGANWADI WORKER, CENTRE NO.31, THADAPARAMBU ANGANWADI, POST.KUMARANELLUR, VIA, MUKKAM, CALICUT

5. P.T.SHEEJA, ANGANWADI WORKER, CENTRE NO.38, THACHINADU ANGANWADI, POST.NEELESWARAM, VIA.KODUVALLY, KOZHIKODE BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENTS :

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1. CHILD DEVELOPMENT PROJECT OFFICER, KUNNAMANGALAM, KOZHIKODE

2. DIRECTOR OF SOCIAL WELFARE, OFFICE OF THE DIRECTOR OF SOCIAL WELFARE, VIKAS BHAVAN, TRIVANDRUM

3. PROGRAMME OFFICER, DISTRICT ICDS CELL, KOZHIKODE - 20.

4. SECRETARY, MINISTRY OF SOCIAL WELFARE, GOVT.OF KERALA, TRIVANDRUM THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 34021 of 2003 (A) APPENDIX PETITIONER'S EXHIBITS :

EXT.P1 : COPY OF THE JUDGMENT IN WRIT APPEAL NO.1901/97 DT.5.10.1999 EXT.P2(a) : COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER TO THE 1ST RESPONDENT DT.13.3.2000 EXT.P2(b) : COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER TO THE 1ST RESPONDENT DT.15.3.2000 EXT.P2(c) : COPY OF THE REPRESENTATION SUBMITTED BY THE 3RD PETITIONER TO THE 1ST RESPONDENT DT.13.3.2000 EXT.P2(d) : COPY OF THE REPRESENTATION SUBMITTED BY THE 4TH PETITIONER TO THE 1ST RESPONDENT DT.14.3.2000 EXT.P2(e) : COPY OF THE REPRESENTATION SUBMITTED BY THE 5TH PETITIONER TO THE 1ST RESPONDENT DT.15.3.2000 EXT.P3 : COPY OF THE JUDGMENT IN OP NO.11055/2000 DT.6.4.2000 EXT.P4 : COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS TO THE SECOND RESPONDENT DT.25.7.2000 EXT.P5 : COPY OF THE JUDGMENT IN O.P.NO.24099/2000 DT.23.8.2000 EXT.P6 : COPY OF THE REPLY SENT BY THE 2ND RESPONDENT DT.16.10.01. EXT.P7 : COPY OF THE ORDER NO.ICDS A3/36015/2000 DT.27.11.2003 OF THE 2ND RESPONDENT RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV

K.VINOD CHANDRAN, J.

------------------------------------- W.P.(C) No.34021 of 2003 ----------------------------------------- Dated this the 12th day of October, 2015

J U D G M E N T

Petitioners have been consistently before this Court claiming honorarium for the period in which they worked as Anganwadi workers.

2. Despite the petitioners having approached this Court thrice, not even at one point they requested the Court to consider the issue itself. Every time as indicated in Exts.P1, P3 and P5, they sought consideration of representations. By which time considerable time had elapsed. Even after Ext.P5 judgment, the petitioners did not do anything to get the directions complied with. Still later, in the year 2001, a communication was issued by Ext.P6, to the Counsel, to the effect that the issue is under active consideration.

3. Subsequently, Ext.P7 order was issued rejecting the prayer. The order states that, there is no provision for payment of honorarium to two Anganwadi workers at the same time at the same center, since the scheme itself is a 100% centrally sponsored scheme and that, any deviation would lead to audit objections. Obviously, appointment of the petitioners suffered

W.P.(C) No.34021 of 2003 from that defect. In such circumstances, nothing survives at this distance of time.

Accordingly, this writ petition is dismissed. No costs. Sd/- K.VINOD CHANDRAN, JUDGE AV/13/10/