G Lakshmi Vs the State of Ap

“…humbly prayed that this Hon’ble Court may be pleased to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No. 4 in selection and appointment the Respondent No. 5 for the post of Anganwadi Worker in Koduru-3, Harijanawada Center (0306), Harijanawada Village, Koduru Mandal, Krishna District without following the due process of law as bad, illegal, arbitrary, discriminatory, contrary and violation of principle of natural justice and consequently set aside the same and direct Respondents to appointment the petitioner for the post of Anganwadi Worker in Koduru-3, Harijanawada Center (0306), Harijanawada Village, Koduru Mandal, Krishna District…”

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Heard Sri K.Sai Mohan Rao, learned Counsel for the petitioner and learned Assistant Government Pleader for Women and Children Welfare for the respondents.

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Learned Counsel for the petitioner would submit that the petitioner has been working as Anganwadi Helper, since, 2015. Learned Counsel for the petitioner would further submit that the respondent No.4 conducted interviews for the post of Anganwadi Worker. The petitioner was not selected whereas the respondent No.5 was selected as Anganwadi Worker but the respondent No.5 does not belong to the same center where the person retired as Anganwadi Worker.

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Learned Assistant Government Pleader would submit that because of the memo issued dated 04.10.2018, regarding the instructions for considering

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the Anganwadi Helper as Anganwadi Worker with 10 years service as mandatory, the petitioner was not selected in that process. Learned Assistant Government Pleader would further submit that because of the circular instructions issued by the learned Commissioner that the 10 years mandate is now lifted to the Anganwadi Helpers. So that the case of the petitioner may be considered and the Court may give appropriate directions to the respondents to consider the case of the petitioner.

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Considering the submissions made, there is no dispute about the fact that the petitioner has been working as Anganwadi Helper where the person retired as Anganwadi Worker. In that view, she is eligible to get promotion as Anganwadi Worker but as per the memo issued by the Government giving certain instructions to consider the candidature of the Anganwadi Helpers, only after having 10 years experience. The petitioner was not selected as Anganwadi Worker. Learned Counsel for the petitioner brought to the notice of this Court that thereafter, the Union of Anganwadi Helpers submitted a representation to the Government to consider them for the promotion as Anganwadi Workers and that was considered vide Memo No.16037/15/2018-1 dated 13.12.2018. For ready reference the relevant portion of memo is extracted hereunder:

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“Attention of all the Project Directors, DW&CDA and CDPOs in the state are drawn to the subject and references cited,

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It is to inform that, keeping in view of instructions from GP, Hon'ble High Court of AP basing on cases vide reference 5th cited, certain instructions were issued to all the PDs/CDPOs to consider the applications of AWHs for Promotion as AWWs.

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Further, vide reference 7th cited, the AP AWWs & Helpers unions have requested to consider the Promotions to AWH & Mini AWW as AWWs who qualified without insisting 10 years service.

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Keeping inview of the above position and as per discussions made with AP AWWs & Helpers unions representatives on 04.12.2018, It was decided to consider the applications of eligible AWHs for Promotion as AWW as per orders issued earlier vide reference 1st to 3rd cited.

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Therefore, all the PDs, DW&CDA and CDPOs in the State are directed to take necessary action in the matter till the orders received from Government.”

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In that view, it is apposite to dispose of the present Writ Petition

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directing the respondent Nos. 1 to 4 to consider the candidature of the petitioner without insisting 10 years service since it was lifted by circular instructions issued by the Special Commissioner, Women Development and

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Child Welfare Department dated 13.12.2018.

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