High Court of KeralaWP(C)/21783/2011disposed of

Sobhana D And Others v. State Of Kerala And Others

2015-08-20Honourable Mr. Justice Anil K.Narendran6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN THURSDAY, THE 20TH DAY OF AUGUST 2015/29TH SRAVANA, 1937 PETITIONER(S):

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1. SOBHANA D, ANGANWADI WORKER, CENTRE NO.7, AMBALAVAYAL ICDS PROJECT AMBALAVAYAL PANCHAYATH, WAYANAD DISTRICT RESIDING AT VATTAMATATHIL HOUSE, NARIKUNDU P.O. ANAPPARA, WAYANAD DISTRICT.

2. BEENA MATHEW,ANGANWADI WORKER, CENTRE NO.8, AMBALAVAYAL ICDS PROJECT RESIDING AT ERATHU HOUSE, KALATHUVAYAL P.O.

WAYANAD DISTRICT.

3. NASEEMA K.M, ANGANWADI WORKER, CENTRE NO.36, AMBALAVAYAL ICDS PROJECT AMBALAVAYAL PANCHAYATH, WAYANAD DISTRICT RESIDING AT PULICKAL HOUSE, NARIKUNDU P.O.

WAYANAD DISTRICT.

4. MERCY K.G.,ARAYANICKAL, KOTTARAKUNNU P.O., WAYANAD DISTRICT.

5. SADHUNI M.P., PUTHENPURACKAL HOUSE, KARADIPARA P.O., WAYANAD DISTRICT.

6. BINISHA M.,ANGANWADI WORKER, CENTRE NO.34, AMBALAVAYAL ICDS PROJECT AMBALAVAYAL PANCHAYATH, WAYANAD DISTRICT RESIDING AT MECHERIL HOUSE, KARADIPARA WAYANAD DISTRICT.

7. USHA C.K., KOLLAYATH HOUSE, KULATHUVAYAL P.O., WAYANAD DISTRTICT.

8. LISSY N.K, PADIKALATH HOUSE, KKULATHUVAYAL P.O., WAYANAD DISTRTICT.

9. NISHA K.T.,ANGANWADI HELPER, CENTRE NO.36, AMBALAVAYAL ICDS PROJECT AMBALAVAYAL PANCHAYATH, WAYANAD DISTRICT RESIDING AT THUNNIVOYAL HOUSE, AMBALAVAYAL P.O WAYANAD DISTRICT.

10. MARY.K, PARIMALAM HOUSE, ANDOOR, AMBALAVAYAL P.O, WAYANAD DISTRICT.

11. ANILA V.K, EDUVATTIL HOUSE, ANAPPARA, KARADIPARA P.O., WAYANAD DISTRICT.

12. PRASEETHA K.A, ANGANWADI HELPER, CENTRE NO.34, AMBALAVAYAL ICDS PROJECT AMBALAVAYAL PANCHAYATH, WAYANAD DISTRICT RESIDING AT NIRAVATH HOUSE, AMBALAVAYAL P.O WAYANAD DISTRICT.

BY ADV. SMT.K.R.KRISHNAKUMARI RESPONDENT(S)/RESPONDENTS.:

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1. STATE OF KERALA REPRESNETED BY ITS SECRETARY TO GOVERNMENT, SOCIAL WELFARE DEPARTMENT GOVERNMENT SECRETRIAT, THIRUVANANTHAPURAM-695 001.

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

3. THE DISTRICT SOCIAL WELFARE OFFICER, KALPETTA, WAYANAD DISTRICT-673 121.

4. THE CHILD DEVELOPMENT PROJECT OFFICER, ICDS PROJECT, AMABALAVAYAL, WAYANAD DISTRICT - 673 593 R1-R4 BY ADV. SOJAN JAMES, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-08-2015,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

APPENDIX PETITIONERS' EXHIBITS:

P1:

COPY OF THE G.O.(MS) NO.79/2010/SWD DATED 10.11.2010 ISSUED BY THE 1ST RESPONDENT P2:

COPY OF THE G.O.(MS) NO.25/2011/SWD DATED 17.01.2011 ISSUED BY THE 1ST RESPONDENT P3:

COPY OF THE ORDER OF THIS HON'BLE COURT DATED 12.07.2011 IN WPC NO.18063/2011 RESPONDENTS' EXHIBITS: N I L //TRUE COPY// P.A. TO JUDGE JV

ANIL K. NARENDRAN, J.

------------------------------- W.P.(C) No.21783 of 2011 ---------------------------------------------- Dated this the 20th day of August, 2015

JUDGMENT

This writ petition is filed by the petitioners twelve in number 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 Ambalavayal Panchayat strictly in accordance with Ext.P1 and P2 Government Orders.

2. Today, when the case was taken up for final hearing, the learned counsel for the petitioners would submit that except the 7th and 8th petitioners, all others got regular appointment as Anganwadi Workers/Helpers and they are not having any subsisting grievance. As far as the 7th and 8th petitioners are concerned, they are Rank No.11 and 12 in seniority list of Anganwadi Workers in Ambalavayal Panchayat. Their claim for appointment as Anganwadi Workers 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.21783/2011 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 7th and 8th petitioners for regular appointment as Anganwadi Workers can be considered by the 4th respondent within a time limit that may be fixed by this Court.

W.P.(C) No.21783/2011 In such circumstances, this writ petition is disposed of directing the 4th respondent to consider the claim of the 7th and 8th petitioners for appointment on regular basis as Anganwadi workers 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