Indhu Bai K.K vs The State Of Kerala
2021 Latest Caselaw 6795 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    FRIDAY, THE 26TH DAY OF FEBRUARY 2021 / 7TH PHALGUNA, 1942

                       WP(C).No.3997 OF 2021(Y)


PETITIONERS:

      1        INDHU BAI K.K.,
               AGED 42 YEARS
               PURATHITHARA, VAIKOM P.O.,
               KOTTAYAM DISTRICT, PIN-686 141.

      2        MEGHA P.
               AGED 41 YEARS
               KARIYILAMPATTU THARA, VADAKKENADA, VAIKOM P.O.,
               KOTTAYAM DISTRICT, PIN-686 141.

      3        LEKHA P.
               AGED 45 YEARS
               KALLUPARAMBIL, KAVARAPADDI, THEKKENADA, VAIKOM P.O.,
               KOTTAYAM DISTRICT, PIN-686 141.

      4        SINIMOL
               AGED 41 YEARS
               KARICHILATHARA, UDAYANAPURAM P.O., VAIKOM P.O.,
               KOTTAYAM DISTRICT, PIN-686 143.

      5        RAJANI M.P.
               AGED 45 YEARS
               UTHRAM VADAKKEDATHU KOLOTHUM KADAVU, VAIKOM P.O.,
               KOTTAYAM DISTRICT, PIN-686 141.

      6        SEENA M.A.
               AGED 36 YEARS
               CHERUPALLITHARA PERUMCHILA, VAIKOM P.O., KOTTAYAM
               DISTRICT, PIN-686 141.

      7        SEEMA D.
               AGED 39 YEARS
               KAMALA BHAVAN, KIZHAKKENADA, VAIKOM P.O., KOTTAYAM
               DISTRICT, PIN-686 141.

      8        DIVYA K.
               AGED 30 YEARS
               MULAKKAL CHIRA, THEKKENADA, VAIKOM P.O., KOTTAYAM
               DISTRICT, PIN-686 141.
 WP(C).No.3997 OF 2021(Y)

                            2

      9    SANDHYA M.
           AGED 40 YEARS
           MADAPALLIL, THEKKENADA, VAIKOM P.O., KOTTAYAM
           DISTRICT, PIN-686 141.

      10   SHEELA D.
           AGED 46 YEARS
           KOPARAMBACHANDA, CHALAPARAMBU, VAIKOM P.O.,
           KOTTAYAM DISTRICT, PIN-686 143.

      11   RADHAMANI P.
           AGED 43 YEARS
           KADAVILTHARA, AYYARKULANGARA, VAIKOM , KOTTAYAM
           DISTRICT, PIN-686 146

      12   AJITHA M.
           AGED 45 YEARS
           VELANPARAMBU, AYYARKULANGARA, VAIKOM, KOTTAYAM
           DISTRICT, PIN-686 146.

      13   SHEMI C.A.
           AGED 46 YEARS
           KOCHUKAVALA, VAIKOM KOTTAYAM DISTRICT, PIN-686
           141.

      14   NISHA P.J.
           AGED 38 YEARS
           ATHIREZHATHU CHIRA, VAIKOM , KOTTAYAM DISTRICT,
           PIN-686 141.

      15   PADMA C.M.
           AGED 44 YEARS
           NEDIYARAYIL, MADIYANTHRA, VAIKOM., KOTTAYAM
           DISTRICT, PIN-686 143.

      16   BINDU MOL P.R.
           AGED 43 YEARS
           UTHRADAM, UDAYANAPURAM P.O., VAIKOM., KOTTAYAM
           DISTRICT, PIN-686 143.

      17   SARITHA P.S.
           AGED 41 YEARS
           KOLEZHATHU, THEKKENADA, VAIKOM., KOTTAYAM
           DISTRICT, PIN-686 141.
 WP(C).No.3997 OF 2021(Y)

                            3

      18   BEENA R.
           AGED 35 YEARS
           VALLOR MADOM, VADAKKENADA, VAIKOM., KOTTAYAM
           DISTRICT, PIN-686 141.

      19   VIJAYAKUMARI K.C.
           AGED 45 YEARS
           THAZHCHAYIL VEEDU, THEKKENADA, VAIKOM.,
           KOTTAYAM DISTRICT, PIN-686 141.

           BY ADV. SRI.P.YADHU KUMAR

RESPONDENTS:

      1    THE STATE OF KERALA
           REPRESENTED BY THE SECRETARY TO GOVERNMENT,
           SOCIAL JUSTICE DEPARTMENT, IST FLOOR, SOUTH
           BLOCK, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695
           001.

      2    THE DIRECTOR OF WOMEN AND CHILD DEVELOPMENT
           WOMEN AND CHILD DEVELOPMENT DIRECTORATE
           POOJAPPURA, THIRUVANANTHAPURAM, PIN-695 012.

      3    THE DISTRICT SOCIAL JUSTICE OFFICER
           OFFICE OF THE KOTTAYAM DISTRICT SOCIAL JUSTICE,
           MINI CIVIL STATION, PUTHENANGADY, THIRUNAKKARA,
           KERALA, PIN-686 001.

      4    THE DISTRICT WOMEN AND CHILD DEVELOPMENT
           OFFICER
           DISTRICT WOMEN AND CHILD DEVELOPMENT OFFICE,
           KOTTAYAM-686 002.

      5    THE CHILD DEVELOPMENT PROJECT OFFICER, OFFICE
           OF THE CHILD DEVELOPMENT PROJECT OFFICER,
           CHALAPARAMBU, VAIKOM, PIN-686141

OTHER PRESENT:

           SR GP BIJOY CHANDRAN

     THIS WRIT PETITION    (CIVIL) HAVING    COME UP      FOR
ADMISSION ON 26.02.2021,    THE COURT ON    THE SAME      DAY
DELIVERED THE FOLLOWING:
 WP(C).No.3997 OF 2021(Y)

                                 4

                           JUDGMENT

Dated this the 26th day of February 2021

This writ petition is filed seeking the following reliefs:-

"i) Issue a writ of mandamus or any other appropriate writ order or direction, directing respondents to appoint the petitioners 1 to 9 to the post of Anganwadi Worker in the existing vacancies with the Anganwadis within Vaikom Municipality forthwith.

ii) Issue a writ of mandamus or any other appropriate writ order or direction, directing respondents to appoint the petitioners 10 to 19 to the post of Anganwadi Helper in the existing vacancies with the Anganwadis within Vaikom Municipality forthwith."

2. Heard the learned counsel for the petitioners and

the learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioners that, on the ground that a representation has

been moved against the rank list prepared for appointment

to the post of Anganwadi workers and helpers, the

petitioners, who had been granted appointments from the

list are not being permitted to work. WP(C).No.3997 OF 2021(Y)

4. Having considered the specific directions

contained in Ext.P2, I am of the opinion that this Court had

only stated that in case the 1 st respondent finds any

irregularities in the framing of the list, the appropriate

directions can, then, be issued for revising the list, in

accordance with law. Since the complaint referred to in

Ext.P2 is only being examined by the Director, the steps

taken by the 5th respondent to keep the petitioners away

from service, after the orders of appointment had been

issued to them, does not appear to be proper or warranted

by the directions contained in Ext.P2.

5. In the above view of the matter, the petitioners

shall be permitted to work in terms of the appointment

orders issued to them. Ultimately, in case there is a finding

in the representation preferred, which has been directed to

be considered in Ext.P2, it is only then that the petitioners'

appointments will be liable to be interfered with. Making this

aspect clear and permitting the petitioners to work on the

basis of the appointment orders already granted to them, WP(C).No.3997 OF 2021(Y)

subject to the orders to be passed by the Director, the writ

petition is disposed of.

Sd/-

ANU SIVARAMAN JUDGE Bng/27.02.2021 WP(C).No.3997 OF 2021(Y)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE RANK LIST OF CANDIDATES FOR APPOINTMENT TO THE POST OF ANGANWADI WORKER AND HELPER PUBLISHED BY THE RESPONDENTS ON 25.1.2021.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 10.2.2021 IN WP(C) NO.3457/2021 ON THE FILES OF THIS HON'BLE COURT.

EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT WITH ORDER NO:ICDS/VKM/21/2021 DATED 16.2.2021 ISSUED IN FAVOUR OF THE 1ST PETITIONER.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT WITH ORDER NO:ICDS/VKM/21/2021 DATED 16.2.2021 ISSUED IN FAVOUR OF THE 2ND PETITIONER.

EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT WITH ORDER NO:ICDS/VKM/21/2021 DATED 16.2.2021 ISSUED IN FAVOUR OF THE 3RD PETITIONER.

EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT WITH ORDER NO:ICDS/VKM/21/2021 DATED 16.2.2021 ISSUED IN FAVOUR OF THE 4TH PETITIONER.

EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT WITH ORDER NO:ICDS/VKM/21/2021 DATED 16.2.2021 ISSUED IN FAVOUR OF THE 5TH PETITIONER.

EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT WITH ORDER NO:ICDS/VKM/21/2021 DATED 16.2.2021 ISSUED IN FAVOUR OF THE 6TH PETITIONER.

EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT WITH ORDER WP(C).No.3997 OF 2021(Y)

NO:ICDS/VKM/21/2021 DATED 16.2.2021 ISSUED IN FAVOUR OF THE 10TH PETITIONER.

EXHIBIT P10 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT WITH ORDER NO:ICDS/VKM/21/2021 DATED 16.2.2021 ISSUED IN FAVOUR OF THE 11TH PETITIONER.

EXHIBIT P11 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT WITH ORDER NO:ICDS/VKM/21/2021 DATED 16.2.2021 ISSUED IN FAVOUR OF THE 12TH PETITIONER.

EXHIBIT P12 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT WITH ORDER NO:ICDS/VKM/21/2021 DATED 16.2.2021 ISSUED IN FAVOUR OF THE 13TH PETITIONER.

EXHIBIT P13 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT WITH ORDER NO:ICDS/VKM/21/2021 DATED 16.2.2021 ISSUED IN FAVOUR OF THE 14TH PETITIONER.

EXHIBIT P14 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT WITH ORDER NO:ICDS/VKM/21/2021 DATED 16.2.2021 ISSUED IN FAVOUR OF THE 15TH PETITIONER.

EXHIBIT P15 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT WITH ORDER NO:ICDS/VKM/21/2021 DATED 16.2.2021 ISSUED IN FAVOUR OF THE 16TH PETITIONER.

EXHIBIT P16 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT WITH ORDER NO:ICDS/VKM/21/2021 DATED 16.2.2021 ISSUED IN FAVOUR OF THE 17TH PETITIONER.

WP(C).No.3997 OF 2021(Y)

EXHIBIT P17 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT WITH ORDER NO:ICDS/VKM/21/2021 DATED 16.2.2021 ISSUED IN FAVOUR OF THE 18TH PETITIONER.

EXHIBIT P18 TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT WITH ORDER NO:ICDS/VKM/21/2021 DATED 16.2.2021 ISSUED IN FAVOUR OF THE 19TH PETITIONER.