Anganwadi workers sought directions to continue in service under Government Order No.73/2010. The court observed that a subsequent Government Order extended the age limit to 62 years, rendering further judicial directions unnecessary, and closed the writ petition reserving liberty.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
THURSDAY, THE 12TH DAY OF NOVEMBER 2015/21ST KARTHIKA, 1937
WP(C).No. 7326 of 2012 (M)
PETITIONER(S):
1. CHANDRAMATHI,
2. LEELA .A.V.,
3. THANKAM M.P.,W/O.SOMAN,
4. PANKAJAVALLI,W/O.KRISHNANKUTTY,
BY ADV. SRI.P.CHANDRASEKHAR
RESPONDENT(S):
1. THE STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY,
2. THE SOCIAL WELFARE DIRECTOR,
3. THE CHILD DEVELOPMENT PROJECT OFFICER,
BY GOVERNMENT PLEADER SRI.P.K.ABDUL RAHMAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).NO.7326/2012
APPENDIX
PETITIONER'S EXHIBITS:
RESPONDENT'S EXHIBITS: NIL
/TRUE COPY/
P.S.TO JUDGE
sts
A.M. SHAFFIQUE, J.
============= W.P. (C) No. 7326 of 2012
===================
Dated this, the 12th day of November, 2015
J U D G M E N T
Petitioners are Anganwadi workers in various Anganwadis under the jurisdiction of the 3rd respondent. They contend that they have been working for more than 25 years and they will be completing the age of 60 years within a short time. By Ext.P4 Government Order dated 7/10/2010, it has been indicated that if there are vacancies and when there are no Anganwadi Helpers eligible for promotion as Anganwadi workers and there is no current select list of eligible candidates from which Anganwadi workers are available for appointment, Anganwadi workers who have completed 60 years of age could be allowed to be continued. Based on the aforesaid Government Order, petitioners have approached this Court seeking for a direction to allow them to continue in service. An interim order had been passed by this Court on 03/4/2012, which reads as under;
“Govt.Pleader seeks further time to get instructions. In view of the direction issued by this Court in WA
W.P(C) No.7326/12
-:2:-
No.1479/10, I am satisfied that an interim direction can be granted. There shall, therefore be an interim direction to the respondents to permit the petitioners to continue in service as Anganwadi workers under the third respondent till eligible candidates are appointed in their places as per Ext.P4 provided they are physically and mentally fit and no other candidates are available, until further orders.”
the aforesaid interim order, by virtue of another Government Order, the age of Anganwadi workers had been extended upto 62 years.
Facts being so, I do not think that any further directions are required to be passed in the case. Government had already taken appropriate decision in the matter after taking into consideration the interim order as well. That apart, if the petitioners have any further grievance, it is always open for them to make appropriate representation to the respondents. Reserving such liberty, this writ petition is closed.
Sd/- A.M. SHAFFIQUE, JUDGE
Rp
13/11/2015
//True Copy// P.S to Judge
2 issues framed by the court
Whether the petitions require further directions for continuation in service as Anganwadi workers after a new Government Order extended age limits.
Whether the Government had taken adequate decision accommodating the interim order effectively.
1 provisions across 1 enactments
CHANDRAMATHI
LEELA .A.V.
THANKAM M.P.
PANKAJAVALLI
THE STATE OF KERALA
THE SOCIAL WELFARE DIRECTOR
A.M. SHAFFIQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
