Anithakumari. B vs The State Of Kerala
2023 Latest Caselaw 4111 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                   THE HONOURABLE MR.JUSTICE N.NAGARESH
        FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                          WP(C) NO. 4475 OF 2023
PETITIONER:

              ANITHAKUMARI. B
              AGED 49 YEARS
              W/O LATE SATHEESHAN, AKHILBHAVANAM, KAITHA NORTH,
              CHETTIKULANGARA, MAVELIKKUARA, ALAPPUZHA,, PIN - 690106
              BY ADVS.
              M.I.MUHAMMED MUSTHAFA
              SMRUTHI SASIDHARAN
              S.J.SHEMEER
              SYAM JESAN


RESPONDENTS:

    1         THE STATE OF KERALA
              REPRESENTED BY THE SECRETARY TO GOVERNMENT,
              SOCIAL JUSTICE DEPARTMENT, 1ST FLOOR, SOUTH BLOCK,
              SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
    2         THE DIRECTOR,
              WOMEN AND CHILD DEVELOPMENT DIRECTORATE, POOJAPPURA P.O.,
              THIRUVANANTHAPURAM, PIN - 695004
    3         DIRECTOR OF SOCIAL WELFARE
              DIRECTORATE OF SOCIAL WELFARE, VIKASBHAVAN,
              THIRUVANANTHAPURAM, PIN - 695001
    4         THE DISTRICT SOCIAL WELFARE OFFICER
              ALAPPUZHA DISTRICT, PIN - 688001
    5         CHILD DEVELOPMENT PROJECT OFFICER
              MAVELIKKARA BLOCK, MAVELIKKARA P.O., ALAPPUZHA DISTRICT
              -, PIN - 690101
    6         SELECTION COMMITTEE CONSTITUTED FOR PREPARATION OF RANK
              LIST FORTHE POST OF ANGANAWADI WORKERS AND ANGANAWADI
              WORKERS AND HELPERS FOR CHETTIKULANGARA GRAMAPANCHAYAT
              REPRESENTED BYITS CONVENER, THE CHILD DEVELOPMENT PROJECT
              OFFICER, ICDS PROJECT OFFICE, BLOCK OFFICE COMPOUND,
              MAVELIKKARA, ALAPPUZHA DIST, PIN - 690101
 WP(C) NO.4475 OF 2023
                                         2

    7          THE SECRETARY,
               CHETTIKULANGARA GRAMA PANCHAYATH,
               HAVING OFFICE AT KANNAMANGALAM NORTH,
               CHETTIKULANAGARA, PIN - 690106
    8          SUMA T.,
               LEKSHAMVEEDU, AJITHA BHAVANAM,
               EREZHA SOUTH P.O., CHETTIKULANGARA,
               ALAPPUZHA -, PIN - 690106

               SMT.K.G.SAROJINI-GP
               SRI.GEORGE VARGHESE- R7
        THIS    WRIT   PETITION    (CIVIL)      HAVING    COME    UP    FOR
ADMISSION       ON   31.03.2023,   THE       COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO.4475 OF 2023
                                  3




                             JUDGMENT

Dated this the 31st day of March, 2023

The grievance of the petitioner, who is an Anganawadi

Worker, is that though she has been ranked at Serial No.4 in

Ext.P6 Selection List 2019-2020, she has not been granted

appointment as Anganawadi Worker.

2. The petitioner would submit that the petitioner's

seniority was overlooked in the matter of appointment and the

candidate at Serial No.5 has been appointed. The specific

allegation of the petitioner is that in the written test, the

petitioner has been awarded less marks than the eligible

marks, under the head 'experience'. According to the

petitioner, she is eligible for two marks each, for every

completed year of service. According to the petitioner, she has

worked for 885 days and therefore, she is entitled to four

marks, if not five, under the head 'experience'. The petitioner WP(C) NO.4475 OF 2023

has been awarded only one mark. Had the respondents

assigned proper marks to the petitioner under the head

'experience', the petitioner could have been appointed. At any

rate, since the petitioner has been working for long years, she

is liable to be granted a permanent appointment in any of the

next arising vacancy.

3. Government Pleader entered appearance on behalf

of respondents 1 to 6 and resisted the writ petition. The

Government Pleader submitted that while appointing the 8 th

respondent, the petitioner has not been overlooked. The 8 th

respondent belongs to Scheduled Caste Community and the

8th respondent has been accommodated in a vacancy

earmarked for Scheduled Caste community. The petitioner

cannot have a legitimate grievance in that regard.

4. The Government Pleader further submitted that the

marks awarded to the petitioner under the head 'experience' is

just and proper. Assuming that the petitioner obtained the

maximum mark of five under the head 'experience', even then WP(C) NO.4475 OF 2023

the pleadings would not disclose that in that event the

petitioner will be placed above the candidate at Serial No.3 in

Ext.P6 list. Furthermore, the rank list prepared for appointment

is already expired on 12.02.2023. For all the above reasons,

the writ petition is liable to be dismissed, contended the

Government Pleader.

5. I have heard the learned counsel for the petitioner

and the learned Government Pleader representing

respondents 1 to 6.

6. The allegation of the petitioner is that though the

petitioner has been placed at Serial No.4 in Ext.P6 Selection

List of Anganwadi Workers for the year 2019-2020, the

petitioner has not been appointed. At the same time, the

candidate at Serial No.5 in Ext.P6 has been granted

appointment overlooking the seniority of the petitioner.

7. The Government Pleader submits that Serial No.4

in Ext.P6 is a person belonging to Scheduled Caste

Community and she has been given appointment against the WP(C) NO.4475 OF 2023

slot earmarked for Scheduled Caste candidates. If that be so,

the petitioner cannot have any legal grievance in the matter as

against appointment of the 8th respondent.

8. Further contention of the petitioner is that the

petitioner was not assigned appropriate mark under the head

'experience'. The petitioner has 885 days service, which is

almost two and half years. Going by the Rules, the petitioner

is entitled to two marks each for a completed year of service.

Therefore, the petitioner is eligible for five marks under that

head. Had the marks been awarded properly, the petitioner

could have been appointed, contends the petitioner.

9. Assuming for argument sake that the petitioner is

entitled to five marks under the head 'experience' and

assuming that five marks were not assigned to the petitioner,

even then the pleadings do not show that if the petitioner is

assigned five marks, the petitioner will be ranked above Serial

No.3 in Ext.P6 Selection List. Therefore, no relief can be

granted to the petitioner on that ground. WP(C) NO.4475 OF 2023

10. The Government Pleader would submit that the

validity of Ext.P6 Selection List stands expired on 12.02.2023.

If the list is expired, the petitioner cannot be appointed to any

vacancy from an expired list.

In the circumstances, I find no merit in the writ petition

and the writ petition is dismissed.

sd/-

N.NAGARESH JUDGE hmh WP(C) NO.4475 OF 2023

APPENDIX OF WP(C) 4475/2023

PETITIONER EXHIBITS

Exhibit P1 A TRUE COPY OF THE S.S.L.C CERTIFICATE OF THE PETITIONER.

Exhibit P2 A TRUE COPY OF THE HIGHER SECONDARY EQUIVALENCY EXAMINATION CERTIFICATE OF THE PETITIONER DATED 19.03.2020 Exhibit P3 A TRUE COPY OF THE B.P.L RATION CARD OF THE PETITIONER.

Exhibit P4 A TRUE COPY OF THE DEATH CERTIFICATE OF THE LATE HUSBAND OF THE PETITIONER DATED 21.07.2006 Exhibit P5 A TRUE COPY OF GOVERNMENT ORDERS NUMBERED AS G.O. NO.58/08/SWD, DATED 22.10.2008 STATING THE PARAMETERS FOR THE SELECTION OF ANGANAWADI WORKERS. Exhibit P6 A TRUE COPY OF THE 'ANGANAWADI WORKERS SELECTION LIST 2019-20' ISSUED BY THE CHILD DEVELOPMENT PROJECT OFFICE, MAVELIKKARA Exhibit P7 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE CHILD DEVELOPMENT PROJECT OFFICE, MAVELIKKARA, STATING THE NUMBER OF DAYS OF THE PETITIONER'S WORK EXPERIENCE.

Exhibit P8 A TRUE COPY OF THE RTI APPLICATION TO THE PUBLIC INFORMATION OFFICER, CHILD DEVELOPMENT PROJECT OFFICER, MAVELIKKARA DATED 22.12.2022 Exhibit P9 : A TRUE COPY OF THE RTI REPLY BY THE PUBLIC INFORMATION OFFICER, CHILD DEVELOPMENT PROJECT OFFICER, MAVELIKKARA, DATED 11.01.2023 Exhibit P10 A TRUE COPY OF THE POSTAL RECEIPT OF THE SUBSEQUENT RTI APPLICATION DATED 7.1.2023 Exhibit P11 A TRUE COPY OF THE POSTAL RECEIPTS OF THE REPRESENTATION MADE BY THE PETITIONER BEFORE THE SECRETARY TO THE GOVERNMENT OF KERALA, SOCIAL JUSTICE WP(C) NO.4475 OF 2023

DEPARTMENT, THE DIRECTOR, WOMEN AND CHILD DEVELOPMENT DIRECTORATE AND THE CHILD DEVELOPMENT PROJECT OFFICER, MAVELIKKARA BLOCK, ALAPPUZHA DISTRICT.

Exhibit P12 A TRUE COPY OF THE OF THE REPRESENTATION MADE BY THE PETITIONER BEFORE THE SECRETARY TO THE GOVERNMENT OF KERALA, SOCIAL JUSTICE DEPARTMENT DATED 17.1.2023 Exhibit P12(A) A TRUE COPY OF THE OF THE REPRESENTATION MADE BY THE PETITIONER BEFORE THE DIRECTOR, WOMEN AND CHILD DEVELOPMENT DIRECTORATE DATED 17.1.2023 Exhibit P12(B) A TRUE COPY OF THE OF THE REPRESENTATION MADE BY THE PETITIONER BEFORE THE CHILD DEVELOPMENT PROJECT OFFICER, MAVELIKKARA BLOCK, ALAPPUZHA DISTRICT DATED 17.1.2023 Exhibit P13 A COPY OF THE RTI REPLY DATED 10/02/2023 Exhibit P14 A COPY OF THE GOVERNMENT ORDER (MS) NO:

60/2014/SWD DATED 19/07/2014 RESPONDENTS EXHIBITS : NIL