Citation : 2021 Latest Caselaw 15812 Ker
Judgement Date : 30 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
WP(C) NO. 13230 OF 2021
PETITIONER :-
ANU B, AGED 41 YEARS
W/O.SANTHOSHKUMAR, KARAVELIMANNIL VEEDU,
THEKKUTHODU P.O., THANNITHODU VILLAGE, KONNI TALUK,
PATHANAMTHITTA DISTRICT.
BY ADVS.
K.V.ANIL KUMAR
SWAPNA VIJAYAN
RESPONDENTS :-
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.
2 THE DIRECTOR
DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT, POOJAPURA,
THIRUVANANTHAPURAM, PIN-695 033.
3 THE CHILD DEVELOPMENT PROJECT OFFICER
CHILD DEVELOPMENT PROJECT OFFICE, KONNI,
BLOCK OFFICE COMPOUND, ELAKOLLOOR P.O.,
PATHANAMTHITTA DISTRICT, PIN-689 698.
4 THE ADDITIONAL CHILD DEVELOPMENT PROJECT OFFICER,
ADDITIONAL CHILD DEVELOPMENT PROJECT OFFICE, KONNI,
BLOCK OFFICE COMPOUND, ELAKOLLOOR P.O.,
PATHANAMTHITTA DISTRICT, PIN-689 698.
5 THANNITHODU GRAMA PANCHAYATH,
THANNITHODU P.O., PATHANAMTHITTA DISTRICT,
PIN-689 699, REPRESENTED BY ITS SECRETARY.
SRI. BIJOY CHANDRAN -SR. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13230 OF 2021
-: 2 :-
JUDGMENT
Dated this the 30th day of July, 2021
This writ petition is filed seeking the following reliefs :-
"i) issue a writ of mandamus or any other appropriate order or directing the 3rd respondent to make appointment of Anganwadi workers from the Ext.P1 rank list in accordance with law immediately.
ii) issue a writ of mandamus or any other appropriate order or directing the 3rd respondent to consider petitioner's Ext.P2 request and appoint her in any of the existing vacancies of Anganwadi workers from Ext.P1 rank list in accordance with law immediately."
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 is included at serial No.1 in Ext.P1 ranked list
which is prepared for selection of Anganwadi workers. It is
submitted that when no steps are being taken to make appointments,
the petitioner has approached the 3 rd respondent with Ext.P2 request
which may be directed to be considered.
4. The learned Government Pleader, on instructions from the
3rd respondent, submits that there is a civil suit filed with regard to
the selection and it is only because of orders passed in the said suit WP(C) NO. 13230 OF 2021
that steps to make appointments from Ext.P1 could not be completed
in time. It is submitted that appropriate steps have been taken to
contest the civil suit on the question of maintainability thereof and
that steps shall be taken on Ext.P2 as soon as possible in the
circumstances.
In the above view of the matter, there will be a direction to
the 3rd respondent to take up, consider and pass orders on Ext.P2
request made by the petitioner, taking note of the fact that the
petitioner is included at serial No.1 in Ext.P1 list. Appropriate steps
shall be taken as early as possible.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE
Jvt/2.8.2021 WP(C) NO. 13230 OF 2021
APPENDIX OF WP(C) 13230/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE RANK LIST FOR ANGANWADI WORKERS IN THANNITHODU GRAMA PANCHAYATH.
Exhibit P2 A TRUE COPY OF THE REQUEST DATED 3.5.2021 BEFORE THE 3RD RESPONDENT.
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