Andhra Pradesh High Court - Amravati
Nagari Prasanna vs The State Of Andhra Pradesh on 25 January, 2023
THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.59 OF 2016
ORDER:
This Writ Petition is filed under Article 226 of the
Constitution of India for the following relief:-
"To issue a Writ, Order or direction more
particularly one in the nature of Writ of
Mandamus declaring the proceedings No.51/2015,
10.11.2015 of the Child Development Project
Officer, ICDS Project Udayagiri, S.P.S.R. Nellore
District, wherein the 7th respondent was appointed
as a Anganwadi worker of Devisettipalle (Vil),
Seetharamapuram Mandal, S.P.S.R. Nellore
District is arbitrary, illegal, without jurisdiction, in
violation of G.O.Ms.No.21, Women Development,
Child Welfare & Disabled Welfare (ICDS)
Department, dt.24.08.2007 and consequently set
aside the same and pass such other order."
2. In pursuance of the notification dated 30.09.2015,
the petitioner herein along with the 7th respondent have applied
for the post of Anganwadi worker. The unofficial respondent was
appointed as Anganwadi worker. Aggrieved by the said
appointment, the present Writ Petition came to be filed on the
ground that the petitioner herein is a meritorious candidate and
the appointment of the unofficial respondent is contrary to
G.O.Ms.No.21, Women Development, Child Welfare and Disabled
Welfare (ICDS) Department dated 24.08.2007. It is further
averred in the affidavit that the 7th respondent, not having any
vote in Devisettipalle village, where the post of Anganwadi worker
was notified and she is not having ration card and she is not the
local married woman.
3. Learned counsel for the respondents would submit
that the selection of the 7th respondent is in accordance with the
G.O.Ms.No.21 dated 24.08.2007, wherein the petitioner is not
selected and with an ulterior motive, the present Writ Petition is
filed and hence, prayed to dismiss the Writ Petition.
4. Learned counsel for the petitioner relied on a
judgment of the Hon'ble Supreme Court in the case of State of
Karnataka and others v. Ameerbi and others 1. In the above said
judgment, Anganwadi workers filed an application under Section
(2007) 11 SCC 687
15 of the Administrative Tribunals Act, 1985, before the
Karnataka State Administrative Tribunal and in one of such
applications being Nagarathna B.K. & Others v. The Secretary,
Social Welfare Dept. & Others (1992 K.S.L.J. 177), it is held that
the said application was not maintainable and the correctness of
the said decision came to be questioned and the said matter was
referred to a larger bench of the Tribunal and the Tribunal held
that the said application is maintainable opining that although
Anganwadi workers are paid honorarium, they hold civil post.
5. Aggrieved by the said order, the State of Karnataka
has filed S.L.P. before the Hon'ble Supreme Court it is held that
the post of an Anganwadi worker is not a civil post and their
appointment is not under Article 309 of the Constitution of India
and their appointment is under the scheme which is not a
permanent nature, although they might have continued for a
long time. The post of Anganwadi worker being an honorary
post, this Writ Petition cannot be filed either for challenging the
selection or contending that the petitioner should have been
appointed as better meritorious candidate. The Hon'ble Apex
Court held that the said post of Anganwadi worker does not
come under the purview of the civil post.
6. Hence, the petitioner herein has no right to challenge
the appointment of the 7th respondent herein. When the post is
not a civil post, in the sense not on employment, opportunity
created by the State itself, the action cannot be challenged on
the ground of violation of Articles 14 and 16 of the Constitution
of India.
7. In view of the judgment of the Hon'ble Apex Court
referred to supra, this Writ Petition fails and, accordingly, it is
dismissed. There shall be no order as to costs of the Writ
Petition.
As a sequel, interlocutory applications pending, if any, in
this Writ Petition shall stand closed.
________________________________________
JUSTICE TARLADA RAJASEKHAR RAO
Date: 25.01.2023
siva
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THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.59 OF 2016
Date: 25.01.2023
siva
