The State Of Karnataka Rep By Its ... vs Smt Chandramma
2022 Latest Caselaw 11251 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 2ND DAY OF AUGUST, 2022

                         PRESENT

              THE HON'BLE MR. ALOK ARADHE
                  ACTING CHIEF JUSTICE

                           AND

     THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

          WRIT APPEAL NO.110/2022(S-RES)

BETWEEN:

1.    THE STATE OF KARNATAKA
      REP. BY ITS UNDER SECRETARY
      DEPARTMENT OF WOMEN AND CHILD
      DEVELOPMENT AND PHYSICALLY
      HANDICAPPED AND SENIOR
      CITIZEN WELFARE, VIDHANA SOUDHA
      BENGALURU - 560 001.

2.    THE DEPUTY COMMISSIONER
      CHITRADURGA TOWN AND
      DISTRICT - 577 501.

3.    THE DEPUTY DIRECTOR
      DEPARTMENT OF WOMEN AND
      CHILD DEVELOPMENT
      CHITRADURGA
      CHITRADURGA DISTRICT.

4.    THE CHILD DEVELOPMENT
      PLANNING OFFICER
      MOLAKALUMURU TALUK
      CHITRADURGA DISTRICT - 577 529.

5.    THE EXECUTIVE OFFICER
      AND MEMBER, DEPARTMENT OF
      WOMEN AND CHILD DEVELOPMENT
      ANGANAWADI WORKERS HELPER
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       SECTION COMMITTEE
       MOLAKALUMURU - 577 529.

6.     THE DISTRICT HEALTH OFFICER
       AND MEMBER, DEPARMENT OF WOMEN
       AND CHILD DEVELOPMENT
       ANGANAWADI WORKERS
       HELPER SELECTION COMMITTEE
       MOLAKALUMURU - 577 529.

7.     THE SOCIAL WELFARE OFFICER
       AND MEMBER, DEPARTMENT OF
       WOMEN AND CHILD DEVELOPMENT
       ANGANAWADI WORKERS
       HELPER SELECTION COMMITTEE
       MOLAKALUMURU - 577 529.           ...APPELLANTS

(BY SRI J.SATHISH KUMAR, AGA)

AND:

1.     SMT. CHANDRAMMA
       W/O LATE BASAVARAJA @ BASANNA
       AGED ABOUT 29 YEARS
       R/AT NO. 175, MARAMMANAHALLI
       KONDLAHALLI POST
       MOLAKALMURU TALUK
       CHITRADURGA DISTRICT - 577 529.

2.     THE CHIEF EXECUTIVE OFFICER
       ZILLA PANCHAYATH
       CHITRADURGA
       CHITRADURGA DISTRICT.

3.     SMT. NAGAMMA
       W/O LATE MALLIKARJUNA
       AGED ABOUT 27 YEARS
       PERMENANETLY R/AT
       BOMMAGONDANAKERE
       KODLAHALLI POST
       MOALAKALMURU TALUK
       PRESENT CLAIMING TO BE
       R/AT MARAMMANAHALLI
       KONDLAHALLI POST
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     MOLAKALMURU TALUK
     CHITRADURGA
     DISTRICT - 577 529.                   ...RESPONDENTS

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 23.08.2021 PASSED BY THE LEARNED
SINGLE JUDGE IN THE WRIT PETITION NO. 12607/2020 AS
ILLEGAL AND ETC.

    THIS APPEAL COMING ON FOR ORDERS THIS                   DAY,
VISHWAJITH SHETTY J., DELIVERED THE FOLLOWING:


                         JUDGMENT

The State and its Officers have filed this intra court

appeal against the order dated 23.08.2021 passed by the

learned Single Judge of this Court in W.P.No.12607/2020.

2. Heard the learned Additional Government Advocate

for the appellants and also perused the material on record.

3. Facts of the case as revealed from the records are,

pursuant to the notification dated 16.03.2020, the respondent

no.1 had filed an application seeking appointment to the post

of Anganawadi Assistant and claimed preference under widow

category. However, since she had not uploaded the

supporting document to show that her husband had died, her

application was rejected and Smt. Nagamma - respondent

no.3 was appointed to the post of Anganawadi Assistant. It is

under these circumstances, respondent no.1 - Chandramma

had preferred W.P.No.12607/2020 before this Court, which

was allowed by the learned Single Judge vide the order

impugned.

4. From the perusal of the order impugned, it is seen

that the contesting respondent - Smt. Nagamma had entered

appearance before the learned Single Judge and had engaged

the services of an advocate on her behalf.

5. The learned Single Judge vide the order impugned

has quashed the appointment of respondent no.3 - Nagamma

and has directed appellants 2 to 8 to consider the case of the

petitioner for appointment to the post of Anganawadi

Assistant at Marammanahalli Anganawadi Centre, after giving

an opportunity to the petitioner to produce the death

certificate of her husband, and thereafter, pass appropriate

orders in accordance with law.

6. The contesting respondent - Nagamma whose

selection and appointment has been quashed has not

challenged the order passed by the learned Single Judge and

it is the State and its Officers who have filed this writ appeal

challenging the order passed by the learned Single Judge.

7. The learned Single Judge while allowing the writ

petition has observed that the appellant-authorities ought to

have given an opportunity to respondent no.1 to produce the

death certificate of her husband to prove that she was a

widow and it is under these circumstances, the learned Single

Judge has quashed the appointment of Nagamma -

respondent no.3 herein and has directed the authorities to

consider the case of the petitioner for appointment.

8. When the contesting respondent whose appointment

has been quashed by the learned Single Judge has not

thought it fit to question the order passed by the learned

Single Judge, the State and its authorities cannot have any

grievance as against the order impugned, wherein they have

been directed to re-consider the case of respondent no.1 for

appointment after giving an opportunity to produce the death

certificate of her husband, and thereafter, pass appropriate

orders in accordance with law.

9. Under the circumstances, we are not inclined to

entertain this appeal and the same is accordingly dismissed.

We make it clear that we have not expressed any opinion on

the merits of the case and we have declined to entertain this

appeal only on the ground that the same is filed by the State

and its authorities.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

KK