Kerala High Court
Sarada Kumari.S vs State Of Kerala on 22 October, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:78632
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946
WP(C) NO. 21109 OF 2024
PETITIONER:
SARADA KUMARI.S.
AGED 55 YEARS
D/O NARAYANA PILLAI, KEERTHANAM, ERANOOR, PANAVELI.P.O.,
KOTTARAKKARA, KOLLAM, PIN - 691 532.
BY ADV A.S.SHAMMY RAJ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF WOMEN AND
CHILD DEVELOPMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 STATE COMMISSION OF DISABILITY
ANJANEYA BUILDING, GROUND FLOOR, SASTHAMANGALAM.P.O.
THIRUVANANTHAPURAM, REPRESENTED BY ITS SECRETARY,
PIN - 695 010.
3 DIRECTOR
WOMEN AND CHILD DEVELOPMENT DEPARTMENT, DIRECTORATE OF
WOMEN AND CHILD DEVELOPMENT, POOJAPPURA.P.O.,
THIRUVANANTHAPURAM, PIN - 695 012.
4 PROGRAMMA OFFICER
INTEGRATED CHILD DEVELOPMENT SERVICES (ICDS), CIVIL
STATION.P.O., KOLLAM, PIN - 691 013.
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5 CHILD DEVELOPMENT OFFICER
OFFICE OF CHILD DEVELOPMENT DEPARTMENT, VETTIKAVALA.P.O.,
KOTTARAKARA, KOLLAM, PIN - 691 538.
BY ADV. DHEERAJ, GOVERNMENT PLEADER.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner is an M.A degree holder. She has
also passed Pre-Primary Teacher's Training course and
she is a person with 40% permanent disability. The 5 th
respondent, the Child Development Officer, invited
application for the post of Anganwadi Worker/Helper
under its jurisdiction. Pursuant to the interview held
on 26.11.2018, Ext.P4 rank list was published wherein
the petitioner was placed at Rank No.6. According to
the petitioner, four appointments were made from
Ext.P4. Even though two vacancies arose in the year
2020, they were filled from outside the rank list.
According to the petitioner, being a physically disabled
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person, she is entitled to get 4% reservation for
appointment to the post of Anganwadi Worker/Helper as
per Ext.P6 Government Order. Alleging denial of the
benefit of Ext.P6 Government Order, the petitioner
preferred a complaint before the 2nd respondent, the State
Commission of Disability. The 2nd respondent, by Ext.P7
order, directed the 3rd respondent to grant appointment
to the petitioner with immediate effect. Since Ext.P7
order was not complied with, the petitioner again moved
the 2nd respondent and the 2nd respondent issued Ext.P8
order dated 09.08.2023 to implement the directions in
Ext.P7. However, the 1st respondent passed Ext.P9 order
dated 31.05.2024 rejecting the claim of the petitioner for
reservation, stating that the Government have not yet
prescribed any procedures for granting reservation to
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handicapped/physically disabled persons to the post of
Anganwadi Worker/Helper. Challenging Ext.P9 order, the
petitioner has filed this writ petition. The petitioner has
also sought for a direction to respondents 3 to 5 for
implementation of Exts.P7 and P8 orders.
2. A counter affidavit has been filed on behalf of
the 1st respondent wherein it is stated that Ext.P4 rank
list has expired on 26.06.2022. It is further stated that
the appointment of Anganwadi Workers/Helpers is
governed by the guidelines issued vide GO
No.254/2018/SJD dated 30.04.2018 and the said order
does not provide for reservation for differently abled
persons. Accordingly, the claim of the petitioner for
appointment under the reservation quota cannot be
granted.
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3. Heard the learned Counsel for the petitioner
and the learned Government Pleader for respondents.
Though there is a direction by the 2nd respondent to
appoint the petitioner to the post of Anganwadi
Worker/Helper under the 5th respondent, the Government
have rejected the request of the petitioner on the ground
that no reservation is provided for differently abled
persons under the Government Order regulating the
appointment of Anganwadi Worker/Helper. The validity
of the rank list has expired in the year 2022. The
petitioner has approached this Court belatedly. Since the
rank list had expired long back and there is no provision
for reservation for differently abled persons in the
Government Order regulating appointment of Anganwadi
Workers/Helpers, no relief can be granted to the
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petitioner. Accordingly, leaving open all other
contentions of the petitioner, the writ petition is
dismissed.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
2024:KER:78632
APPENDIX OF WP(C) 21109/2024
PETITIONER'S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE CERTIFICATE (REGISTER NO.23111)
DATED 24.5.2008 ISSUED BY BHARAT SEVAK SAMAJ TO
THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE DISABILITY CERTIFICATE NO.839
DATED 26.4.2013 ISSUED BY THE MEDICAL BOARD, A.A.
RAHIM MEMORIAL DISTRICT HOSPITAL TO THE
PETITIONER.
EXHIBIT P3 TRUE COPY OF THE UNIQUE DISABILITY ID (UD ID
KL1310619660110204) DATED 4.3.2020 ISSUED BY
GOVERNMENT OF INDIA TO THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE RANK LIST PUBLISHED BY THE 5TH
RESPONDENT DATED NIL.
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 5TH
RESPONDENT DATED NI. REGARDING THE SERVICE OF
THE PETITIONER AS TEMPORARY WORKER.
EXHIBIT P6 TRUE COPY OF THE G.O. (P) 11/2019 S.J.D. DATED
25.10.2019.
EXHIBIT P7 TRUE COPY OF THE ORDER IN OP (RPWD)
NO.82/S2/2021 DATED 6.6.2022 PASSED BY THE 2ND
RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE ORDER IN OP (RPWD)
NO.82/S2/2021 DATED 9.8.2023 PASSED BY THE 2ND
RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE G.O. (ORD) NO.178/2024/WCDD,
DATED 31.5.2024.
