High CourtsSingle Bench(2018) 01 KL CK 0013

PARVATHY AMMA G. & ANR. vs STATE OF KERALA & ORS.

High Court Of Kerala · Decided on 15 January 2018

HON’BLE JUDGES
P.V.Asha
RESULT
Disposed off
CASE NUMBER
958 of 2018

AI Structured Summary

Not yet generated for this judgment

Judgment

21 paragraphs · 420 words
1.

The petitioners, who are mother and daughter, have filed this writ petition claiming appointment as Anganwadi worker. As per Ext.P1 registered

deed dated 15.7.1978 the petitioner had donated 5 cents of land for construction of anganwadi No.41 in Elamad Grama Panchayat at

Arkkannoor. The petitioners submit that the land was assigned on the assurance that appointment as Anganwadi Worker would be given. It is

stated that the petitioners had submitted representations to the respondents several times. Initially they were told that there was no provision for

appointment of Anganwadi Worker to the dependents, since the deed was of the year 1978. Thereafter, the petitioners submit that as per Ext.P6

order the Government had made modifications to the orders regarding employment assistance to the dependents of persons who had donated

land, free of cost. The petitioners therefore claim that as per Ext.P8 Government order issued on 7.4.2016, the 1st petitioner is entitled to priority

for appointment as Anganwadi Worker. On the basis of Ext.P9 Government Order the petitioners submitted further representations before the

respondents pointing out that preference is not given despite all these representations. The Child Development Project Officer, Chadayamangalam

as per Ext.P13 order rejected her request. Aggrieved by Ext.P13 order, the petitioners have filed this writ petition seeking directions for

regularisation of appointment of the 2nd petitioner from 1.11.2015.

2.

The learned Government Pleader points out that preference granted to the dependents of the persons who surrendered land for construction of

anganwadis was under challenge before this Court in a series of writ petitions -W.P(c).No.18357 of 2000 and connected cases, which were

disposed of by judgment dated 29.08.2016 by this Court setting aside the said preference and directed that they would be treated as a new

category introduction by the Government for preferential treatment and priority in appointment, and directed to pass fresh orders. Based on the

said judgment the Director of Social Justice has issued circular dated 14.11.2016 including the dependents of those who surrendered land for

construction of anganwadis under priority No.10. Ext.P13 order is passed by the Child Development Project Officer on the basis of this circular.

As the eligibility of the petitioners itself is found doubtful, clarification has already been sought by the Child Development Project Officer from the

Director.

3.

In the above circumstances, I do not find any reason to interfere with Ext.P13. The petitioners come only under priority No.10, that too, subject

to the clarification to be obtained from the Director of Social Justice. The writ petition is disposed of accordingly.