Kaladi Padma, vs The State Of Andhra Pradesh,
2022 Latest Caselaw 7112 AP

       HON'BLE DR. JUSTICE K. MANMADHA RAO

              WRIT PETITION No.30097 of 2022


ORDER :

This petition is filed under Article 226 of the

Constitution of India for the following relief:-

"...issue an appropriate Writ Order or direction more particularly a Writ in the nature of Mandamus declaring the action of the respondents in proceeding to give Promotion to the 6th respondent as Anganwadi Worker for the Anganwadi Center Code 264 of Gogullanka Anganwadi Center-I, Polvaram Mandal, Dr. B.R.Ambedkar Konaseema District, are illegal arbitrary, violation of Constitutional Rights and without notification and contrary to as per the Memo No. 5771/K3/2006, dated 05.01.2012 Government Memo No. 160371/15/2018-1 dated 13.12.2018 as per the G.O.Rt.No. 102, dated 28.03.2011 per the Judgment in W.P.No. 31374/2015 and batch and Order in W P No 22940/2021 dated 07.10.2021 and consequently direct Respondents forthwith to consider the case of the for Promotion as Anganwadi Worker for the Anganwadi Center Code 264 of Gogullanka Anganwadi Center I, Polvaram Mandal, Dr. B.R.Ambedkar Konaseema District, and pass such other order or orders......."

2. Brief facts of the case are that the petitioner

was appointed as Anganwadi Helper vide Rc No.51/A/2012,

dated 04.03.2013 for the Gogullanka Anganwadi Center

Code No.264 as Anganwadi Helper and since then she is

discharging her duties with utmost satisfaction of the higher

authorities and she is having experience more than 9 years

and is eligible for the promotion of Anganwadi Worker as per

Rules in vogue, therefore, she made representations to the

respondent authorities to consider her name for promotion

of Anganwadi Worker. Even though 5th respondent has

issued Notification dated 26.8.2022, the Anganwadi Center

Code No.264 was not notified showing the vacancy position,

however, on the strength of the file, the respondents are

going to consider, the Anganwadi Helper who has been

working in the Code No.265 for promotion as Anganwadi

Worker, though according to Notification Condition No.(1)(a),

only local candidates to be considered, contrary this

Condition No.(1)(a) of the Notification, as Anganwadi Helper

is not resident of the Anganwadi Center Code No.264.

It is further stated that there is no notification was

issued to fill up Promotion to the post of the Anganwadi

Worker for the Gogulanka Anganwadi Center Code No.264,

though, the respondents issued Notification dated

26.08.2022, in the said Notification, the Gogullanka

Anganwadi Center Code no.264, is not notified, even then

also, the respondent trying to take steps to effect promotion

to the 6th respondent who is presently working as

Anganwadi Helper in the Byravalanka Anganwadi Center

Code No.265 contrary to the Memo No.5771/K3/2006,

dated 5.1.2012. It is further stated that as per

G.O.Rt.No.102, dated 28.3.2011, wherein it was mandated

that, after careful consideration of the proposal submitted

by the Commissioner Women Development & Child Welfare,

Hyderabad vide reference 4th read above, the Government

enhanced the age limit to 45 years in respect of Anganwadi

Helpers for appointment as Anganwadi Workers, provided

she fulfils all other conditions and is physically fit to

discharge the duties of anganwadi Workers including

conduct of Pre-School and should have been regular in

attending to her duties without any adverse reports. Hence,

the present writ petition.

3. Heard Mr. G.Simhadri, learned counsel for the

petitioner and learned Government Pleader for Services-III and

learned Government Pleader for women and Child Welfare

appearing for the respondents.

4. It is undisputed fact that the petitioner is having

eligibility and completed 21 years of age as per eligibility

criteria for selection of Anganwadi Worker and the same is

admitted by the respondents also. Since the petitioner is

qualified X Class as per eligibility criteria for selection of

Anganwadi Worker, therefore the respondents are expected

minimum knowledge with regard to discharge of duties and

capability up to such extent only and not beyond that, such

question is highly irrelevant. Though the petitioner is

working in the Anganwadi Centre since several years and

having minimum knowledge and also she has completed

SSC and having more than six years of service. Therefore,

the respondents are not expected to go beyond the scope to

test the capability of the petitioner and such practice is

highly illegal and arbitrary. The respondents ought to

have considered the case of the petitioner only on the

requisite qualifications as per eligibility criteria, but not

otherwise. In the case of the petitioner, the respondents

made unnecessary exercise and denying the candidature of

the petitioner for promotion on flimsy grounds is

unsustainable. Though, the petitioner is entitled for

promotion as per G.Os and existing rules, the respondents

did not consider the request of the petitioner in the existing

vacancy in the same Anganwadi Centre, the respondents

issued notification without considering the request of the

petitioner, as highly illegal and arbitrary.

5. Having regard to the facts and circumstances of the

case, upon perusing the material on record and on

considering the submissions made by both the learned

counsels, in the interest of justice, this Court declaring the

action of the respondents in not considering the claim of the

petitioner for promotion to the post of Anganwadi Worker

from the category of Anganwadi Helper, though she is

eligible as per G.Os and Rules; consequently the impugned

Notification issued for filling up for the post of Anganwadi

Worker, as illegal and arbitrary.

6. Accordingly, the recruitment notification

challenged in the writ petition is hereby set aside and

consequently the respondents are directed to consider the

case of the petitioner for promotion as Anganwadi Worker

for the Anganwadi Center Code 264 of Gogullanka

Anganwadi Center I Polavara Mandal, Dr. B.R. Ambedkar

Konaseema District subject to her eligibility and suitability

in the existing vacancy. The entire exercise shall be

completed within four (04) weeks from the date of receipt of

a copy of this order.

7. With the above direction, the above writ petition is

disposed of accordingly at the stage of admission with the

consent of both the parties. No costs.

As a sequel, all the pending miscellaneous

applications shall stand closed.

______________________________ DR. K. MANMADHA RAO, J.

Date : 16-09-2022 Gvl

HON'BLE DR. JUSTICE K. MANMADHA RAO

WRIT PETITION No. 30097 of 2022

Date : 16.09.2022

Gvl