Omana. A vs State Of Kerala
2023 Latest Caselaw 5093 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                 THE HONOURABLE MR.JUSTICE N.NAGARESH
     THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
                       WP(C) NO. 13515 OF 2023
PETITIONERS:

     1     OMANA. A
           AGED 61 YEARS
           ANGANWADI WORKER, CENTRE NO.52, MYLAMKULAM, PUTHUR-P.O.,
           KOLLAM-691 507 AND RESIDING AT MULLIKKATTU CEEDU,
           ATTUVASSERI, MAVADI-P.O., KOTTARAKKARA, KOLLAM,
           PIN - 691507
     2     ELAMMA. M
           AGED 61 YEARS
           ANGANWADI WORKER, CENTRE NO.85, KARIKKAL,
           KARMPINPUZHA-P.O., KOLLAM-691 507 AND RESIDING AT
           THEKKADATH KIZHAKKETHIL, KARMPINPUZHA-P.O., KOLLAM-,
           PIN - 691507
     3     SREE DEVI AMMA. D
           AGED 61 YEARS
           ANGANWADI WORKER, CENTRE NO.73,
           SREE NARAYANAPURAM,PAVITHRASWARAM-P.O., KOLLAM-691 507
           AND RESIDING AT KOCHUPARACKAL VEEDU, THAZHAM,
           KARIMPINPUZHA-P.O., PUTHUR, KOLLAM, PIN - 691507
     4     VASANTHAKUMARI. M
           AGED 61 YEARS,
           ANGANWADI WORKER, CENTRE NO.96,
           S.N. PURAM,PAVITHRESWARAM-P.O., KOLLAM-691 524 AND
           RESIDING MUKALIL VEEDU, S.N. PURAM, PAVITHRESWARAM- P.O.,
           KOLLAM, PIN - 691524
     5     LATHIKAMANI. D
           AGED 62 YEARS
           ANGANWADI WORKER, CENTRE NO.98, MARANAD WEST, KARUVELIL-
           P.O., KOLLAM-691 505 AND RESIDING ATHULIYA,
           KARIKKAL,KARIMPINPUZHA-P.O., KOLLAM-691 507.,
           BY ADV N.UNNIKRISHNAN
 WP(C) NO.13515 OF 2023
                                      2


RESPONDENTS:

    1          STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
               SOCIAL JUSTICE DEPARTMENT, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM-695 001.,
               PIN - 695001
    2          THE DIRECTOR
               SOCIAL JUSTICE DEPARTMENT, GOVERNMENT OF KERALA
               VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033
    3          THE ADDITIONAL CHILD DEVELOPMENT PROJECT OFFICER
               INTEGRATED CHILD DEVELOPMENT SCHEME PROJECT,
               KULAKKADA-P.O., KOLLAM, PIN - 691521

               SMT.K.G.SAROJINI-GP
        THIS    WRIT   PETITION    (CIVIL)   HAVING    COME    UP    FOR
ADMISSION       ON   13.04.2023,   THE    COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.13515 OF 2023
                                   3




                              JUDGMENT

Dated this the 13th day of April, 2023

The petitioners are working as Anganwadi Workers. As

per the Government Order dated 31.05.2012, they have to retire

at the age of 62 years in the month of April, 2023. However, the

Government has principally agreed to fix the retirement age at

65 years on the basis of the recommendation of the Expert

Committee, contend the petitioners.

2. The petitioners have approached this Court seeking

to direct the respondents to permit them to continue in service

on contract basis till regular hands join, because there are

dearth of Anganwadi Workers and no one has been posted

against the posts held by the petitioners, on their retirement.

Unless this Court interferes in the matter, the petitioners will be

put to untold hardship, contend the petitioners. WP(C) NO.13515 OF 2023

3. As the petitioners have submitted Exts.P4 to P8

representations in this regard before the 2nd respondent, I am

of the opinion that it will be only in the fitness of things that the

2nd respondent considers those representations and takes a

decision thereon in an expeditious manner.

The writ petition is therefore disposed of directing the 2 nd

respondent to consider Exts.P4 to P8 representations

submitted by the petitioners and to take appropriate decision

thereon, within a period of one month.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.13515 OF 2023

APPENDIX OF WP(C) 13515/2023

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF ORDER NO.VTC.601/83 DATED 31.08.1984 ON 16.07.1984 ExhibitP2 . A TRUE COPY OF ORDER NO.A-192/2017 DATED 19.12.2017 ExhibitP3 A TRUE COPY OF ORDER NO.ICDS/VK/1021/06 DATED 31.07.2007 ISSUED BY VETTIKAVALA CDPO ExhibitP4 . A TRUE COPY OF REPRESENTATION DATED 26.02.2023 FILED BY THE FIRST PETITIONER BEFORE THE 2ND RESPONDENT ExhibitP5 . A TRUE COPY OF REPRESENTATION DATED 06.03.2023 FILED BY THE SECOND PETITIONER BEFORE THE 2ND RESPONDENT ExhibitP6 A TRUE COPY OF REPRESENTATION DATED 06.03.2023 FILED BY THE THIRD PETITIONER BEFORE THE 2ND RESPONDENT ExhibitP7 A TRUE COPY OF REPRESENTATION DATED 26.02.2023 FILED BY THE FOURTH PETITIONER BEFORE THE 2ND RESPONDENT ExhibitP8 . A TRUE COPY OF REPRESENTATION DATED 26.02.2023 FILED BY THE FIFTH PETITIONER BEFORE THE 2ND RESPONDENT RESPONDENT'S EXHIBITS : NIL