Partly allowed

Smt S Chandramma v. the State of Karnataka

Karnataka HC4 Apr 2024WP/8391/2012

Case brief

AI extract

What is this about?

Anganwadi worker challenged a circular requiring S.S.L.C. completion within three years and a reminder directing her to produce the certificate on pain of termination. The Court, noting her widowhood and subsequent S.S.L.C. completion after interim protection, partly allowed the petition and directed respondents to re-examine whether relaxation can be given and her certificate accepted.

What did the court decide?

Respondents directed to re-examine the petitioner's case and consider granting relaxation by accepting her S.S.L.C. certificate; no quashing of Circulars.

Smt S Chandramma Vs the State of Karnataka — Service and Employment | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:13793 WP NO.8391 OF 2012

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 04^TH DAY OF APRIL, 2024

¶4

BEFORE

¶5

THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.8391 OF 2012 (S-RES)

¶6

BETWEEN:

¶7

SMT. S. CHANDRAMMA W/O MR. CHENNAPPA BOMMENAHALLY, VADDARAHATTI THIRUPATHI POST, ARASIKERE TALUK, HASSAN DISTRICT.

¶8

…PETITIONER

¶9

(BY SRI. T. RAJARAM.,ADVOCATE)

¶10

AND:

¶11

THE STATE OF KARNATAKA REP. BY THE DIRECTOR, WOMENA AND CHILD WELFARE, M.S. BUILDING, BENGALURU - 560 001.

¶12

Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

¶13

THE CHIEF SECRETARY ZILLA PANCHAYATH HASSAN DISTRICT, HASSAN.

¶14

THE CHIEF DEVELOPMENT OFFICER, ARASIKERE, HASSAN DISTRICT.

¶15

THE DEPUTY DIRECTOR FOR WOMEN AND CHILDREN WELFARE DEPARTMENT HASSAN DISTRICT, HASSAN.

¶16

2 - NC: 2024:KHC:13793 WP NO.8391 OF 2012

¶17

…RESPONDENTS

¶18

(BY SRI. V. SHIVA REDDY, AGA FOR R1, R3 AND R4; R4 SERVED AND UNREPRESENTED.)

¶19

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE CIRCULAR DATED 20^TH JULY, 2006 AND REMINDER DATED 08^TH DECEMBER, 2008 VIDE ANNEXURES 'B' AND 'C', RESPECTIVELY; AND ETC.

¶20

THIS PETITION COMING ON FOR FURTHER HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

¶21

O R D E R

¶22

The captioned petition is filed assailing Circular dated 20^th July, 2006 (Annexure-B) issued by respondent No.1 and reminder dated 08^th December, 2008 (Annexure-C) issued to respondent No.3.

¶23

Heard learned counsel appearing for the petitioner and learned Additional Government Advocate appearing for respondents 1, 3 and 4. Perused the material on record.

¶24

The petitioner is working as an Anganwadi Worker from 27^th February, 2009. The Circular which has been challenged herein contemplates that those who are appointed as Anganwadi worker and not completed S.S.L.C. are granted

¶25

3 - NC: 2024:KHC:13793 WP NO.8391 OF 2012

¶26

three years of time to complete S.S.L.C. Based on the condition incorporated in the appointment order, the respondents called upon the petitioner to furnish S.S.L.C. certificate on or before 28^th February, 2012. The petitioner apprehending that she would be terminated from service for having failed to complete S.S.L.C is before this Court.

¶27

This Court, by order dated 16^th March, 2012, issued direction to the respondents not to disturb the petitioner from rendering service as Anganwadi worker.

¶28

After thorough examination and contemplation of the arguments presented by the learned counsel appearing for both parties, and upon a detailed review of the evidence on record, this Court acknowledges the petitioner's predicament. It has come to light that the petitioner, although not able to fulfill the requirement of completing the S.S.L.C. within the timeframe stipulated in the impugned Circular, has faced significant hardships. Specifically, the petitioner has endured the loss of her husband, leaving her as the sole provider for her family. Therefore, having regard to the fact that the petitioner was permitted to work as an Anganwadi worker by the protection

¶29

¶30

NC: 2024:KHC:13793 WP NO.8391 OF 2012

¶31

extended by this Court and considering the principles of fairness and equity, this Court deems it necessary to direct the respondents to re-evaluate whether the petitioner may be granted relaxation by accepting the S.S.L.C. certificate, notwithstanding her failure to complete the S.S.L.C. within the stipulated time as per the impugned Circular.

¶32

This Court would also note that the petitioner has fulfilled an educational requirement that exceeds the typical expectations for an Anganwadi Worker, her completion of the S.S.L.C attests to her capability and willingness to meet educational standards, despite facing significant personal challenges. Therefore, the fact that the petitioner has achieved an S.S.L.C. qualification, although not strictly required for her role, serves as a testament to her determination and academic achievement amidst adversity.

¶33

For the forgoing reasons, this Court pass the

¶34

following:

¶35

O R D E R

¶36

1) Writ petition is allowed in-part;

¶37

NC: 2024:KHC:13793 WP NO.8391 OF 2012

¶38

¶39

1. Respondents are hereby directed to re-examine the case of the petitioner and consider whether relaxation can be given and S.S.L.C. completed

¶40

by the petitioner can be accepted.

¶41

Sd/JUDGE

¶42

ARK

Smt S Chandramma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt S Chandramma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dr Shubha Sangeetha R, Mbbs, Md(Patho) Dnb Vs Director Cum Dean

Sri Narayanappa G R Vs the State of Karnataka

Smt. N Kalpana, Vs the Chief Manager Bank of India

Smt Indumathi M Patil Vs State of Karnataka

Miss Deepmala Vs Union of India through Secretary

Sri D J Mahesh Vs Canara Bank