Dismissed

Subha M. v. State of Kerala

Kerala HC1 Mar 2018WP(C)/32493/2017

Case brief

AI extract

What is this about?

Petitioners, Anganawadi workers claiming denial of regularization after relief was granted to Anganawadi helpers, filed this writ petition alleging discrimination. The Court examined Government orders and circulars regarding the priority for filling vacancies. Dismissing the petition, the Court held that existing vacancies were legally required to be filled by promoting helpers under established g

What the court decided

AI extract

Subha M. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 1ST DAY OF MARCH 2018 / 10TH PHALGUNA, 1939

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WP(C).No. 32493 of 2017

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PETITIONER(S):

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1 SUBHA M.,

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45 YEARS, W/O.LOKESAN C.,

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CHEMBRA HOUSE, NORTH BEYPORE P.O.,

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KOZHIKODE, PIN - 673 015.

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2 KAMARUNNISSA A., 41 YEARS, W/O.UMMER,

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THOTTAPATTU CHALIL, PAYIMBRA P.O.,

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KUNNAMANGALAM, KOZHIKODE, PIN - 673 571.

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3 SAJINI K., 46 YEARS, W/O.RADHAKRISHNAN,

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KARUVALLY, P.O.BEYPORE,

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KOZHIKODE, PIN - 673 015.

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4 SHEEJA M.M., 46 YEARS, W/O.SUNIL KUMAR,

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MEKKAYIL H., ERAMULLADAN VAYAL, P.O.ARAKINAR, CALICUT.

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5 LIJA C.P., 45 YEARS, W/O.LATE RAMESAN,

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CHERUKADU PUTHUKARA HOUSE, P.O.NALLALAM, NEW COLONY,

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KUTTIKADU PORAMBA, CALICUT, PIN - 673 027.

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6 SMITHA K., 37 YEARS, W/O.LATE DIVAKARAN,

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PAYINGAYIL HOUSE, POKKATTU PARAMBA, NORTH BEYPORE, KOZHIKODE, PIN - 673 015.

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7 NAVEENAKUMARI A.C., 43 YEARS, W/O.PRAMOD,

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KOLLASSERI HOUSE, ARAKKINAR P.O., CALICUT, PIN - 673 028.

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8 MINI C.P., 46 YEARS, W/O.SUNILKUMAR, KALAKANDI HOUSE, NORTH BEYPORE P.O.,

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CALICUT, PIN - 673 015.

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9 JAYASREELATHA C., 50 YEARS, W/O.KRISHNANKUTTY,

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CHARICHIYIN PARAMBA, P.O.ERANJIKKAL, KOZHIKODE, PIN - 673 303.

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..2/-

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..2..

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WP(C).No. 32493 of 2017

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10 PUSHPA P.K., 50 YEARS, W/O.AANANDAN, KIZHAKKAYIL, AYYAPPANKAVU PARAMBA, ARAKKINAR, CALICUT, PIN - 673 028.

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11 JALEESHA M.T., 32 YEARS, W/O.ABDUL RAZAK, M.T.HOUSE, EDAYATHU PARAMBA, ARAKKINAR, KOZHIKODE, PIN - 673 028.

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BY ADV.SRI.MANJERI SUNDERRAJ

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOK, DEPT OF SOCIAL JUSTICE, SECRETARIAT, TRIVANDRUM, PIN - 695 001.

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2. THE DIRECTOR OF SOCIAL JUSTICE, DIRECTORATE OF SOCIAL JUSTICE, VIKAS BHAVAN, POOJAPURA, TRIVANDRUM, PIN - 695 001.

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3. THE PROJECT OFFICER, CHILD DEVELOPMENT, ICDS, INTEGRATED CHILD DEVELOPMENT SCHEME, KOZHIKODE URBAN 4, P.O.AREACAD, NEAR KARUNA HOSPITAL, KOZHIKODE, PIN - 673 027.

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1 TO 3 REPRESENTED BY THE SR.GOVT. PLEADER, HIGH COURT OF KERALA, ERNAKULAM.

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4. THE CENTRAL DIRECTOR, ICDS, INTEGRATED CHILD DEVELOPMENT SCHEME, MINISTRY OF WOMEN AND CHILD DEVELOPMENT, GOVT. OF INDIA, NEW DELHI, PIN- 110 001.

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5. THE SECRETARY TO GOI, MINISTRY OF WOMEN AND CHILD DEVELOPMENT, GOVT. OF INDIA, NEW DELHI, PIN- 110 001.

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4 AND 5 REPRESENTED BY ASST. SOLICITOR GENERAL OF INDIA, UNION OF INDIA, AT ERNAKULAM.

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R1 & R2 BY SR.GOVERNMENT PLEADER SRI.BIJOY CHANDRAN R4 & R5 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01-03-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Msd. 06/03/2018

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WP(C).No. 32493 of 2017 (J)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1. TRUE COPY OF CIRCULAR DATED 28.11.2015 BY THE 2ND RESPONDENT DIRECTOR OF SOCIAL JUSTICE, KERALA ENCLOSING GO NO.(MS) 73/2015/SJD DATED 24.11.2015. (04 PAGES). EXHIBIT P2. TRUE COPY OF REQUISITION LETTER FROM THE 3RD PETITIONER TO THE HON'BLE MINISTER FOR SOCIAL JUSTICE AND HEALTH GOVT. OF KERALA. (03 PAGES). EXHIBIT P3. TRUE COPY OF LETTER DATED 08.03.2007 FROM SECRETARY TO THEN SOCIAL WELFARE DEPT. GOK TO THE 3RD PETITIONER ENCLOSING COPIES OF GOS 2/2007, 35/2006. (06 PAGES). EXHIBIT P4. TRUE COPY OF LETTER DATED 13.03.2017 FROM DIRECTOR SOCIAL JUSTICE DEPT. TO THE 3RD PETITIONER.

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RESPONDENT(S)' EXHIBITS :

NIL

//TRUE COPY//

P.S.TO JUDGE

Msd. 06/03/2018

P.V.ASHA J.

W.P.(C).No.32493 of 2017

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------------------------------------- Dated this the 1^st day of March, 2018

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J U D G M E N T

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The petitioners claim that they are

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Anganawadi workers under the Integrated Child Development Scheme Project, Kozhikode Urban 4. They have filed this writ petition, aggrieved by the denial of regularization, pointing out that the Anganawadi helpers are being given preferential treatment. According to them, the promotions granted to the Helpers are contrary to the orders issued by Government as well as the direction of this Court in W.P.(C).No.16481 of 2011.

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The learned Government Pleader made

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available the copy of the Circular issued by the Director of Social Justice Department issued on

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W.P.(C).No.32493 of 2017 2

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14.11.2016, pursuant to the judgment dated 29.08.2016 in W.P.(C).Nos.5156 of 2016, 14681 of 2011 etc. The guidelines for making appointment of Anganawadi workers were laid down by the Government in its letter No.572933/B2/2016/SJW

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dated 04.10.2016. According to this, the vacancies of Anganawadi workers, which arose upto 24.11.2015 are to be filled in the following priority: (1) transfer of those within the Panchayath/Municipality/Corporation. (2) promotion of Anganawadi helpers against 25% of posts (3) transfer from among the different Panchayath/Municipality/Corporation within the project. (4) transfer from other projects. (5) temporary Anganawadi workers from the consolidated seniority list and (6) appointment from selection list.

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W.P.(C).No.32493 of 2017

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instructions submits that except the second petitioner all the other petitioners are included in the consolidated seniority list of Anganawadi workers. As at present there are only 3 vacancies of Anganawadi workers; but, these vacancies are to be filled up by promotion of the Anganawadi helpers. Apart from that, it is pointed out that there is a person eligible for transfer, who is coming under priority No.1. It is pointed out that there are 130 posts of Anganwadi workers out of which there are only 6 persons, who are occupying the posts on promotion from the post of Anganawadi helpers, when they are eligible for 25% of 130 posts.

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Petitioners can be considered only in accordance with priority as provided in the Government Order and the Circular issued by the Director of Social Justice. Petitioners cannot

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W.P.(C).No.32493 of 2017

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have any claim to get appointment against the vacancies which exist as at present, which are to be filled by promotion. Therefore there is no

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discrimination or illegality, as alleged.

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Accordingly, the writ petition is dismissed.

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Sd/- P.V.ASHA, JUDGE.

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Subha M. v. State of Kerala

Case brief

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Subha M. v. State of Kerala

Case brief

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