Kerala High Court
Mayadevi S vs State Of Kerala on 30 October, 2024
Author: Murali Purushothaman
Bench: Murali Purushothaman
2024:KER:81072
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
WEDNESDAY, THE 30TH DAY OF OCTOBER 2024 / 8TH KARTHIKA, 1946
WP(C) NO. 16696 OF 2024
PETITIONERS:
MAYADEVI S.,
AGED 30 YEARS
W/O.VISHNU VENUGOPAL, MEENAKSHI BHAVANAM,
KOTTAMKULANGARA, CHAVARA P.O., KOLLAM -691 583 FROM
KARAMEL THEKKETHIL, CHERUSSERY BHAGAM, CHAVARA P.O.,
KOLLAM - PIN - 691 583.
BY ADVS.
B.MOHANLAL
P.S.PREETHA
ASWIN V. NAIR
JAYAPRABHA ARJUN
BLESSY MARY SEBASTIAN
PRAVEENA T.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
WOMEN AND CHILD DEVELOPMENT DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR,
OFFICE OF THE DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT
DEPARTMENT, POOJAPPURA P.O., THIRUVANANTHAPURAM-,
PIN - 695 012.
3 THE DISTRICT OFFICER,
WOMEN AND CHILD DEVELOPMENT DEPARTMENT COLLECTORATE,
WP(C) NO. 16696 OF 2024 : 2 :
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CIVIL LINES P.O, KOLLAM- PIN - 691 013.
4 THE PROJECT OFFICER,
I.C.D.S. WOMEN AND CHILD DEVELOPMENT DEPARTMENT, CHAVARA
P.O., KOLLAM -, PIN - 691 583.
5 THE CHAVARA GRAMA PANCHAYATH
REPRESENTED BY ITS SECRETARY, CHAVARA P.O., KOLLAM,
PIN - 691 583.
BY ADVS.
M R SASITH PANICKER, STANDING COUNSEL
BIMAL K. NATH, SENIOR GOVERNMENT PLEADER.S
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30.10.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner was working as Anganwadi Worker in
Anganwadi No.129 in Chavara Grama Panchayat from
25.07.2017 onwards on temporary basis. The petitioner
submitted Exts.P6 and P7 representations before
respondents 1 and 2 seeking regularisation in service.
Since they were not acted upon, the petitioner filed
W.P.(C) No.36368 of 2022 before this Court for direction
to the respondents to regularise her as Anganwadi
Worker. This Court, by Ext.P8 judgment, directed the
2nd respondent, the Director of Women and Child
Development Department, to consider the representation
submitted by the petitioner and to take appropriate
decision thereon, in accordance with law. Pursuant to
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Ext.P8 judgment, the 2nd respondent passed Ext.P9 order
dated 16.05.2023 stating that the petitioner can
participate in the selection in ICDS project at Chavara to
the post of Anganwadi Worker and she will be awarded
marks on priority taking into consideration her earlier
service of 727 days in the Project. The petitioner states
that, so far, no further steps have been taken to
regularise her service. Accordingly, the petitioner has
filed this writ petition for the following reliefs:-
"i) To call for the records leading to the 7
vacancies of Anganwadi worker in
at ICDS Project, Chavara, Kollam from the
Respondents and issue a writ of certiorari
or other appropriate writ, order or direction
quashing the proceedings of the
Respondents to fill up the entire 7
vacancies to the post of Anganwadi worker
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in the ICDS Project, Chavara to the persons
who donated land by exceeding 10% quota
contrary to G.O.(MS) No.254/2018/SGD
dated 30.04.2018 as illegal and arbitrary.
ii) To issue writ of mandamus or other
appropriate writ, Order or Direction
commanding the Respondents to issue
notification inviting application for
appointment to the post of Anganwadi
Worker in the vacancies available in
at Chavara, Kollam within a stipulated time
as directed by this Hon'ble Court to give
appointment to the petitioner as per Ext.P9
taking in to consideration of total length of
727 days service rendered by the petitioner
under the Respondents.
iii) To declare that the Respondents are bound
to issue notification inviting application to
fill up the 7 vacancies to the post of
Anganwadi Worker in ICDS Project,
Chavara to get appointment to the
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petitioner as per Ext.P9 taking in to
consideration of total length of 727 days
service rendered by the petitioner under the
Respondents.
iv) To issue a wit of mandamus or other
appropriate writ, order or direction to
desist the respondents to fill up 7 vacancies
to the post of Anganwadi Worker available
in ICDS project, Chavara to the persons
who donated land by exceeding 10% quota
contrary to G.O(MS) No.254/2018/SGD
dated 30.04.2018 issued by the
Government.
v) To declare that the Respondents have
absolutely no jurisdiction to fill up 7
vacancies to the post of Anganwadi Worker
available in ICDS Project, Chavara to the
persons who donated land by exceeding
10% quota contrary to G.O.(MS)
No.254/2018/SGD dated 30.04.2018 issued
by the Government."
2. This Court, by order dated 24.10.2024, directed
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the learned Government Pleader to get instructions as to
whether notification has been invited for appointment to
the post of Anganwadi Worker in Chavara Grama
Panchayat and if so, whether the petitioner has
submitted application for the same and the stage of
selection.
3. The learned Government Pleader, on
instructions, submits that the selection process for
appointment of Anganwadi Worker in Chavara Grama
Panchayat has not yet commenced. Once the selection
process commences, as stated in Ext.P9 order, the
petitioner will be permitted to participate in the selection
process. Since the stage of inviting applications are
already over, in the light of Ext.P9 order, the petitioner
will be issued with interview card at the relevant time.
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Accordingly, this writ petition is disposed of with a
direction to the 2nd respondent to comply with Ext.P9
order and permit the petitioner to participate in the
interview for selection to the post of Anganwadi Worker
as and when the interview is held. The petitioner shall
produce a copy of this judgment along with the copy of
the writ petition before the 2nd respondent for
compliance.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
SRJ
2024:KER:81072
APPENDIX OF WP(C) 16696/2024
PETITIONER'S EXHIBITS
EXHIBIT.P1 THE TRUE COPY OF THE SSLC CERTIFICATE OF THE
PETITIONER ISSUED BY THE SECRETARY, BOARD OF
PUBLIC EXAMINATIONS.
EXHIBIT.P2 THE TRUE COPY OF THE CERTIFICATE ICDS/CVR/C-
1101/21 DATED 16.12.2021 ISSUED BY THE 4TH
RESPONDENT TO THE PETITIONER.
EXHIBIT.P3 THE TRUE COPY OF THE PROCEEDINGS NO.ICDS/CVR/C-
301/22 DATED 30.04.2022 ISSUED BY THE 4TH
RESPONDENT.
EXHIBIT.P4 THE TRUE COPY OF THE DISABILITY CERTIFICATE
ISSUED THE MEDICAL BOARD NO.472809 DATED
26.11.2010 TO THE PETITIONER'S HUSBAND.
EXHIBIT.P5 THE TRUE COPY OF THE UNIQUE DISABILITY
CERTIFICATE ISSUED TO THE PETITIONER'S HUSBAND
DATED 27.01.2022 BY THE DMO OFFICE, KOLLAM.
EXHIBIT.P6 THE TRUE COPY OF THE APPLICATION DATED
10.10.2022 SUBMITTED BY THE PETITIONER BEFORE
THE 1ST RESPONDENT.
EXHIBIT.P7 THE TRUE COPY OF THE APPLICATION DATED
10.10.2022 SUBMITTED BY THE PETITIONER BEFORE
THE 2ND RESPONDENT.
EXHIBIT.P8 THE TRUE COPY OF THE JUDGMENT DATED 17.03.2023
IN W.P.(C) NO.36368/2022 OF THIS HON'BLE COURT.
EXHIBIT.P9 THE TRUE COPY OF THE ORDER NO.DWCD/1936/2023-
ICDSB4 DATED 16.05.2023 ISSUED BY THE 2ND
RESPONDENT.
