Kerala High Court
Rosamma E.V vs Union Of India on 23 April, 2024
Author: N. Nagaresh
Bench: N.Nagaresh
WP(C) No.16350/2024 1/4 Order Date : 23-04-2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
Tuesday, the 23rd day of April 2024 / 3rd Vaisakha, 1946
WP(C) NO. 16350 OF 2024
PETITIONERS:
1. ROSAMMA E.V., AGED 62 YEARS, ANGANWADI WORKER, ANGANWADI CENTER
NO.23, THUMPOLY WARD, THUMPOLY, ALAPPUZHA-688 008. (SEEVATTUTHARA,
THUMPOLY, ALAPPUZHA)., PIN - 688008
2. MERCY KOREYA, AGED 62 YEARS W/O.SHRI.JOSEPH VARGHEES, ANGANWADI
WORKER, ANGANWADI CENTER NO.136, DISTRICT COURT WARD, THATHAMPPALLI,
ALAPPUZHA-688 013, (CHAKKALAYIL, MULLATHU WARD, THIRUVAMPADY,
ALAPPUZHA, PIN - 688001
3. SHEELA P.V, AGED 62 YEARS W/O.SHRI.JOSEPH P.R, ANGANWADI WORKER,
ANGANWADI CENTER NO.65, VATTAYAL WARD, ALAPPUZHA-688 002 (PUTHEN
PURACKAL, VATTAYAL WARD, ALAPPUZHA)., PIN - 688002
4. RAMEESA.H, AGED 62 YEARS, D/O.LATE.HASSANKUNJU, ANGANWADI WORKER,
ANGANWADI CENTER NO.98, THIRUMALA WARD, BHARGAVAN JETTY,
ALAPPUZHA-688 011, (PUTHENCHIRA, THIRUMALA WARD, CHUNGOM,
ALAPPUZHA)., PIN - 688011
5. KERALAKUMARI.G, AGED 62 YEARS W/O.SHRI.SURESHKUMAR.L, ANGANWADI
WORKER, ANGANWADI CENTER NO.79, T.D.CHIRA, CIVIL STATION WARD,
ALAPPUZHA-688 001. (NAGAM PARAMB, OLD THIRUMALA, MULLAKKAL WARD,
ALAPPUZHA)., PIN - 688011
6. RETNAMMA P.R, AGED 62 YEARS, W/O.SHRI.MOHANKUMAR N.T, ANGANWADI
WORKER, ANGANWADI CENTER NO.87, KIDANGANPARAMBU WARD, ALAPPUZHA-688
013. (SIVA KRIPA, AVLOOKUNNU, ALAPPUZHA)., PIN - 688006
7. MARY.G, AGED 62 YEARS, W/O.SHRI.P.J.VARGHESE, ANGANWADI WORKER,
ANGANWADI CENTER NO.53, LAYENTH WARD, ALAPPUZHA-688 001. (RAJ
BHAVAN, KOMMADY, THUMPOLY, ALAPPUZHA)., PIN - 688008
8. VISWAMMA.R, AGED 62 YEARS W/O.SHRI.K.N.BAIJU, ANGANWADI WORKER,
ANGANWADI CENTER NO.66, RAILWAY STATION WARD, ALAPPUZHA-688 012.
(AKSHAYA BHAVAN, MADATHIL PARAMBIL HOUSE, VALIYAKULAM WARD,
ALAPPUZHA)., PIN - 688012
9. CHELLAMANI.J, AGED 62 YEARS , W/O.LATE.SUBRAMANIAN, ANGANWADI
HELPER, ANGANWADI CENTER NO.123, STADIUM WARD, ALAPPUZHA-688 001.
(KOLOTHU PARAMB, CHANDANAKAVU, ALAPPUZHA)., PIN - 688007
10. CHINNAMMA LAWRENCE, AGED 62 YEARS, W/O.SHRI.LAWRENCE, ANGANWADI
HELPER, ANGANWADI CENTER NO.68, THOTTUNKAL, BEACH WARD,
ALAPPUZHA-688 002. (KOLLAPARAMBIL, VADACKAL, THIRUVAMPADY,
ALAPPUZHA), PIN - 688002
RESPONDENTS:
1. UNION OF INDIA, HIGH COURT OF KERALA, PIN - 682031
2. STATE OF KERALA, REPRESENTED BY, PRINCIPAL SECRETARY TO GOVERNMENT
SOCIAL JUSTICE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3. DIRECTOR, WOMEN AND CHILD DEVELOPMENT DEPARTMENT, POOJAPPURA,
WP(C) No.16350/2024 2/4 Order Date : 23-04-2024
THIRUVANANTHAPURAM, PIN - 695012
4. CHILD DEVELOPMENT PROJECT OFFICER (URBAN), INTEGRATED CHILD
DEVELOPMENT PROJECT OFFICE, MINI CIVIL STATION, ALAPPUZHA, PIN -
688013.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue a direction to respondents 2 to 4 to allow petitioners to
continue on contract basis on the same terms and conditions till persons
are engaged by due process of law in accordance with government orders,
rules and regulations framed from time to time, pending disposal of the
wp(c).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. B.RAGHUNATHAN, M.SALIM, DR.STANLY CHAZHOOR, R.SRINATH, K.JALADHARAN &
V.M.JACOB, Advocates for the petitioners the court passed the following:
WP(C) No.16350/2024 3/4 Order Date : 23-04-2024
N. NAGARESH, J
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W.P.(C).No.16350 of 2024
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Dated this the 23rd day of April, 2024
ORDER
Admit.
2. Deputy Solicitor General of India-in-charge takes notice for the
1st respondent. Government Pleader takes notice for
respondents 2 to 4.
Petitioners shall be permitted to continue as Anganawadi
Workers/Anganawadi helpers on contract basis till regular
appointments are made to the post in accordance with law.
sd/-
N.NAGARESH
JUDGE
AMV/23/04/2024
WP(C) No.16350/2024 4/4 Order Date : 23-04-2024
APPENDIX OF WP(C) 16350/2024
Exhibit P1 TRUE COPY OF ORDER IN WA NO.1465 OF 2010 DATED
31.8.2010.
Exhibit P2 TRUE COPY OF JUDGMENT IN WA NO.1465 OF 2010 DATED
29.9.2010.
Exhibit P3 TRUE COPY OF CIRCULAR NO.ICDS B4/24506/18 DATED
23.2.2021 ISSUED BY 3RD RESPONDENT.
Exhibit P4 TRUE COPY OF JUDGMENT IN WP(C)NO.11348 OF 2021 AND
CONNECTED CASES DATED 16.12.2021 OF THIS HON'BLE COURT.
Exhibit P5 TRUE COPY OF INTERIM ORDER PASSED IN WP(C)NO.14253 OF
2022 DATED 22.4.2022 OF THIS HON'BLE COURT.
Exhibit P6 TRUE COPY OF INTERIM ORDER PASSED IN WP(C)NO.12319 OF
2022 DATED 26.4.2022 OF THIS HON'BLE COURT.
Exhibit P7 TRUE COPY OF THE EMPLOYMENT IDENTITY CARD OF 1ST
PETITIONER ISSUED BY WOMEN AND CHILD DEVELOPMENT
DEPARTMENT.
Exhibit P8 TRUE COPY OF THE EMPLOYMENT IDENTITY CARD OF 2ND
PETITIONER ISSUED BY WOMEN AND CHILD DEVELOPMENT
DEPARTMENT.
Exhibit P9 TRUE COPY OF THE EMPLOYMENT IDENTITY CARD OF 3RD
PETITIONER ISSUED BY WOMEN AND CHILD DEVELOPMENT
DEPARTMENT.
Exhibit P10 TRUE COPY OF THE EMPLOYMENT IDENTITY CARD OF 4TH
PETITIONER ISSUED BY WOMEN AND CHILD DEVELOPMENT
DEPARTMENT.
Exhibit P11 TRUE COPY OF THE EMPLOYMENT IDENTITY CARD OF 5TH
PETITIONER ISSUED BY WOMEN AND CHILD DEVELOPMENT
DEPARTMENT.
Exhibit P12 TRUE COPY OF THE EMPLOYMENT IDENTITY CARD OF 6TH
PETITIONER ISSUED BY WOMEN AND CHILD DEVELOPMENT
DEPARTMENT.
Exhibit P13 TRUE COPY OF THE EMPLOYMENT IDENTITY CARD OF 7TH
PETITIONER ISSUED BY WOMEN AND CHILD DEVELOPMENT
DEPARTMENT.
Exhibit P14 TRUE COPY OF THE EMPLOYMENT IDENTITY CARD OF 8TH
PETITIONER ISSUED BY WOMEN AND CHILD DEVELOPMENT
DEPARTMENT.
Exhibit P15 TRUE COPY OF THE EMPLOYMENT IDENTITY CARD OF 9TH
PETITIONER ISSUED BY WOMEN AND CHILD DEVELOPMENT
DEPARTMENT.
Exhibit P16 TRUE COPY OF THE EMPLOYMENT IDENTITY CARD OF 10TH
PETITIONER ISSUED BY WOMEN AND CHILD DEVELOPMENT
DEPARTMENT.
Exhibit P17 TRUE COPY OF ORDER IN WP(C)NO.15421 OF 2022 DATED
6.5.2022 OF THIS HON'BLE COURT.
Exhibit P18 TRUE COPY OF ORDER IN WP(C)NO.14592 OF 2023 DATED
25.4.2023 OF THIS HON'BLE COURT.
Exhibit P19 TRUE COPY OF ORDER IN WP(C)NO.19547 OF 2023 DATED
20.6.2023 OF THIS HON'BLE COURT.
