Chithra K. vs The Child Development Project ...
2021 Latest Caselaw 4105 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

  THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                   WP(C).No.2926 OF 2021(M)


PETITIONER :-

            CHITHRA K., AGED 45 YEARS
            W/O.KANAKAN, PALAVALAPPIL HOUSE,
            P.O.MUZHAPPILANGAD, KANNUR - 670 662.

            BY ADVS.
            SRI.M.SASINDRAN
            SRI.JOMY K. JOSE


RESPONDENTS :-

      1     THE CHILD DEVELOPMENT PROJECT OFFICER
            ICDS, M.G.ROAD, THALASSERY, KANNUR - 670 101.

      2     THE DISTRICT SOCIAL WELFARE OFFICER (ICDS)
            F BLOCK, CIVIL STATION, KANNUR - 670 002.

      3     THE DIRECTOR,
            WOMEN AND CHILD DEVELOPMENT DEPARTMENT
            POOJAPPURA, THIRUVANANTHAPURAM - 695 012.

            BY SRI.BIJOY CHANDRAN, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.2926 OF 2021(M)

                                        -: 2 :-


                                    JUDGMENT

Dated this the 4th day of February, 2021

This writ petition is filed seeking the following reliefs :-

"i. issue a writ of mandamus or any other writ order or direction to the 1st respondent to complete the selection process pursuant to Exhibit P4 and publish the rank list within one month.

ii. command the 1st respondent to consider and pass orders on Exhibit P6 without delay.

iii. declare that the petitioner is entitled to get appointment to the post of Anganwady helper/worker consider her eligibility and experience."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioner

that the petitioner was working on daily wage basis as Anganwady

Helper in the Muzhappilangad Panchayat from 2010 onwards. It is

submitted that a select list has been prepared for selection to the post

of Anganwady Helper and the petitioner has also been included in the

select list. It is submitted that while publishing the select list, the

grievance of the petitioner as against the said list is liable to be

considered. The petitioner has submitted Ext.P6 representation

before the 1st respondent and seeks a consideration of the same

before the select list is published.

WP(C).No.2926 OF 2021(M)

4. The learned Government Pleader submits that since Ext.P6

representation is said to be pending before the 1 st respondent, the

same can be considered by the 1st respondent in accordance with law,

if the same is received and pending.

5. Having heard the learned counsel on either side, I am of

the opinion that since the petitioner has a grievance against the

preparation of the select list and since the select list has not been

published yet, the request made by the petitioner before the Child

Development Project Officer is liable to be considered.

In the above view of the matter, there will be a direction to

the 1st respondent to take up and pass orders on Ext.P6

representation preferred by the petitioner, after examining the factual

aspects of the matter. The petitioner shall produce a copy of Ext.P6

along with a copy of this judgment before the 1 st respondent for

compliance. Orders shall be passed within a period of one month

from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/10.2.2021 WP(C).No.2926 OF 2021(M)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE PETITIONER.

EXHIBIT P2 A TRUE COPY OF THE WORK EXPERIENCE CERTIFICATE ISSUED BY THE CHILD DEVELOPMENT PROJECT OFFICER, THALASSERY.

EXHIBIT P3 A TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED TO THE PETITIONER BY THE CHILD DEVELOPMENT PROJECT OFFICER, EDAKKAD.

EXHIBIT P4 A TRUE COPY OF THE INTERVIEW MEMO ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER DATED 22/6/2017.

EXHIBIT P5 A TRUE COPY OF THE TERMS FOR SELECTION TO THE POST OF ANGANWADY WORKER/HELPER.

EXHIBIT P6 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT CHILD DEVELOPMENT PROJECT OFFICER, THALASSERY.

//TRUE COPY//

P.A. TO JUDGE