Subha A vs The Director
2021 Latest Caselaw 578 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                       WP(C).No.27462 OF 2020(G)


PETITIONER:

               SUBHA A.,
               AGED 45 YEARS
               W/O.PRIJU BABU, PRANAV MANDIRAM, PARAKODE P.O., ADOOR
               TALUK, PATHANAMTHITTA DISTRICT-691554.

               BY ADVS.
               SRI.MANU RAMACHANDRAN
               SRI.M.KIRANLAL
               SRI.R.RAJESH (VARKALA)
               SRI.T.S.SARATH
               SHRI.SAMEER M NAIR

RESPONDENTS:

      1        THE DIRECTOR,
               DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT, POOJAPURA
               P.O., THIRUVANANTHAPURAM DISTRICT-695012.

      2        THE DISTRICT COLLECTOR,
               COLLECTORATE, PATHANAMTHITTA, PATHANAMTHITTA
               DISTRICT-689645.

      3        THE DISTRICT ICDS CELL,
               KAPPIL ARCADE, DOCTOR'S LANE, PATHANAMTHITTA
               DISTRICT-689645.

      4        THE CHILD DEVELOPMENT OFFICER,
               ICDS OFFICE, PARACKODE ADDITIONAL, PARACKODE,
               PATHANAMTHITTA-691554.


OTHER PRESENT:

               GP- SRI. BIJOY CHANDRAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27462 OF 2020

                                   2

                           JUDGMENT

This writ petition is filed seeking the following prayers:-

"(i) To issue a writ of mandamus or any appropriate writ or direction, directing the respondents 1 to 4 to award marks due to the petitioner for experience shown in Ext.P5 and Ext.P5(a) experience certificates in terms of Ext.P7 Government Order within a time frame fixed by this Hon'ble Court.

(ii) To issue a writ of mandamus or any appropriate writ or direction directing the respondents 1 to 4 to re- arrange Exhibit P6 rank list in terms of the marks awarded to the petitioner for experience as per Ext.P7 Government Order.

(iii) To issue a writ of mandamus or any appropriate writ or direction directing the respondents 1 to 4 to consider and take actions called for under law in Ext.P8 representation within a time frame fixed by this Hon'ble Court.

(iv) To issue a writ of mandamus or any appropriate writ or direction, directing the respondents 1 to 4 not to make any appointment pursuant to Ext.P6 rank list till a decision on merits is taken in Ext.P8 representation.

2. Heard the learned counsel for the petitioner and

the learned Government Pleader. WP(C).No.27462 OF 2020

3. It is submitted by the learned counsel for the

petitioner that the petitioner has been denied marks for

experience in the selection conducted for appointment to

the post of Anganwadi worker. It is submitted that the

petitioner has approached the 1st respondent preferring

Ext.P8 representation and the petitioner has already

included in the list at a higher position. It is, therefore,

contended that the representation preferred by the

petitioner is liable to be considered at the earliest.

4. The learned Government Pleader submits that

since Ext.P8 representation has already submitted before

the 1st respondent, the same is liable to be considered with

notice to the petitioner as well as the person likely to be

effected by action to be taken on the same.

5. In the above view of the matter, this writ petition

is disposed of directing the 1 st respondent to take up Ext.P8

representation and to pass orders on the same, after hearing

the petitioner as well as any other person likely to be WP(C).No.27462 OF 2020

effected by the orders to be so passed, within a period of

two months from the date of receipt of a copy of this

judgment. It is made clear that the hearing can be

conducted by video conferencing or through any other

appropriate means.

Sd/-

ANU SIVARAMAN

JUDGE Bng/07.01.2021 WP(C).No.27462 OF 2020

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE INTERVIEW CALL LETTER VIDE NO.ICDS/PKHADL/358/16 NIL DATED FROM THE 4TH RESPONDENT.

EXHIBIT P2 THE TRUE COPY OF THE CASTE CERTIFICATE VIDE C1-13981/18-R-DIS DATED 14.11.2018 ISSUED BY TAHASILDAR ADOOR.

EXHIBIT P3 THE TRUE COPY OF THE RELEVANT PAGES OF PETITIONER'S SSLC CERTIFICATE.

EXHIBIT P4 THE TRUE COPY OF THE RATION CARD OF THE PETITIONER.

EXHIBIT P5 THE TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 30.01.2016 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P5(A) THE COPY OF THE EXPERIENCE CERTIFICATE DATED 17.02.2020 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P6 THE TRUE COPY OF THE RANK LIST OF ANGANAVADI WORKERS IN MUNICIPALITY OF ADOOR.

EXHIBIT P7 THE TRUE COPY OF THE G.O(MS)NO.58/08/SOCIAL WELFARE DEPARTMENT DATED 22.10.2008.

EXHIBIT P8 THE TRUE COPY OF THE REPRESENTATION DATED 24.11.2020 ALONG WITH COPY OF THE EMAIL.