Kerala High Court
Leelamma A.P vs State Of Kerala on 17 March, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 17TH DAY OF MARCH 2022 / 26TH PHALGUNA, 1943
WP(C) NO. 11482 OF 2020
PETITIONER/S:
LEELAMMA A.P.
AGED 58 YEARS
W/O.ANGELOSE, SOWMYA BHAVANAM, PADAPPAKKARA
P.O., MULAVANA, KOLLAM-691503.
BY ADVS.
SHERRY J. THOMAS
ARUN ALEX
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF HEALTH, SOCIAL JUSTICE AND WOMEN
AND CHILD DEVELOPMENT, GOVERNMENT SECRETARIAT,
TRIVANDRUM.
2 DIRECTORATE OF SOCIAL JUSTICE,
5TH FLOOR, VIKAS BHAVAN, PMG,
THIRUVANANTHAPURAM-695033.
3 DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT
DEPARTMENT,
POOJAPURA, THIRUVANANTHAPURAM, PIN-695012.
4 I.C.D.S. PROJECT OFFICER,
CHITTUMALA BLOCK PANCHAYAT, CHITTUMALA ROAD,
CHITTUMALA, KOLLAM-691502.
5 I.C.D.S.SUPERVISOR,
PERAYAM PANCHAYAT, MULAVANA P.O., KOLLAM-691503.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 17.03.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C) No.11482 of 2020
-2-
JUDGMENT
Dated this the 17th day of March, 2022
The petitioner claims appointment to the post
of Anganwadi Worker in the Chittumala Project
under the fourth respondent, based on her rank in
Ext.P1 seniority list. The petitioner was
included in the consolidated seniority list of
Anganwadi Workers prepared in the year 2006-2010,
based on the duration of her past service. In
reply to the petitioner's repeated
representation, the authority had issued Ext.P2,
stating that her application for appointment had
been forwarded for consideration. In the
meanwhile, W.P.(C) No.9608 of 2020 and connected
cases were filed by certain persons challenging
the permanent appointment of Anganwadi workers.
In view of the interim order passed in the writ
petition, permanent appointments to the post of
Anganawadi Worker/Helper was kept on hold and
only temporary appointments permitted, following
W.P.(C) No.11482 of 2020
the procedure in Ext.P4. The petitioner relies on
Ext.P4 Government order to contend that having
been included in the consolidated list, she
should be given preference while affecting
temporary appointments. Highlighting this claim,
the petitioner has filed Ext.P5 representation
before the third respondent.
2. Learned Counsel for the petitioner
contended that the petitioner has a superior
claim for temporary appointment based on her
inclusion in Ext.P1 consolidated list. The
grievance of the petitioner is that, while
effecting temporary appointments, her seniority
is not given due consideration.
3. Learned Government Pleader submits that
the direction to effect temporary appointments is
vested with the Government and any direction to
give priority to the petitioner would be an
unwarranted infringement of the direction.
I find the submission of the learned
W.P.(C) No.11482 of 2020
Government Pleader to be well founded. Even then
considering the limited relief sought, I am
inclined to dispose of the writ petition,
directing the third respondent to consider Ext.P5
representation and to pass a reasoned order
thereon, after affording an opportunity of
hearing to the petitioner. The order as directed
shall be passed within a period of two months of
receipt of a copy of this judgment. While
passing the order, the third respondent shall
refer to Ext.P3 Circular and Ext.P4 Order and
other relevant Government Orders and Circular, if
any.
Sd/
V.G.ARUN
JUDGE
Scl/
W.P.(C) No.11482 of 2020
APPENDIX OF WP(C) 11482/2020
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE CONSOLIDATED LIST
PREPARED BY THE I.C.D.S., CHITTUMALA
BLOCK.
EXHIBIT P2 THE TRUE COPY OF THE CALL UP LETTER
NUMBER ICDS-B4-16392/19/LDIS DATED
03.07.2019.
EXHIBIT P3 THE TRUE COPY OF THE CIRCULAR NO.ICDS
B4/6332/2020 DATED 08.05.2020.
EXHIBIT P4 THE TRUE COPY OF THE GOVERNMENT ORDER
GO. DATED 1.06.2006.
EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION
DATED 10.05.2020.
