Disposed

Priya Nair v. Union of India

Kerala HC8 Jan 2018WP(C)/599/2018

Case brief

AI extract

What is this about?

The petitioner, an Anganawadi Instructor, filed a writ petition complaining of neglect, denial of payment, and threat of closure of her Training Centre compared with Tamil Nadu workers. The court disposed of the petition by directing the third respondent to consider her representation after giving her a hearing opportunity within two months.

What did the court decide?

Direct the third respondent to consider and pass orders on the petitioner's representation after affording an opportunity of hearing, within two months from the date of receipt of a copy of this judgm

Priya Nair Vs Union of India — Pension and Retirement Benefits | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE SMT. JUSTICE P.V.ASHA

¶4

MONDAY, THE 8TH DAY OF JANUARY 2018 / 18TH POUSHA, 1939

¶5

WP(C).No. 599 of 2018

¶6

PETITIONER:

¶7

PRIYA NAIR,AGED 44 YEARS, W/O.P.V.VIJAYAKUMAR, RESIDING AT VAKKAYIL HOUSE, KUNDUKULAM ROAD, SOUTH VAZHAKKULAM P.O., ALUVA, ERNAKULAM DISTRICT, PIN-683105.

¶8

BY ADV.SRI.DENIZEN KOMATH

¶9

RESPONDENT(S):

¶10

1. UNION OF INDIA,

¶11

REPRESENTED BY ITS SECRETARY, MINISTRY OF WOMEN & CHILD DEVELOPMENT, SHASTRI BHAWAN, DR.RAJENDRA PRASAD ROAD, NEW DELHI-110001.

¶12

2. INTEGRATED CHILD DEVELOPMENT SERVICES SCHEME (ICDS), REPRESENTED BY ITS DIRECTOR, MINISTRY OF WOMEN & CHILD DEVELOPMENT, SHASTRI BHAWAN, DR.RAJENDRA PRASAD ROAD, NEW DELHI-110001.

¶13

3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HEALTH AND SOCIAL JUSTICE, NORTH SANDWITCH BLOCK, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

¶14

4. THE STATE PROJECT DIRECTOR, ICDS, DIRECTORATE OF SOCIAL JUSTICE, DIRECTORATE ANNEX, POOJAPPURA, THIRUVANANTHAPURAM, PIN-695012.

¶15

5. ANGANWADI WORKERS TRAINING CENTRE (AWTC), PERUMBAVOOR, REPRESENTED BY ITS COURSE DIRECTOR, AWTC, PERUMBAVOOR P.O., PIN-683542.

¶16

PBS

¶17

WP(C).No. 599 of 2018

¶18

6. THE DIRECTOR, DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT, POOJAPPURA, THIRUVANANTHAPURAM, PINCODE-695012.

¶19

R1,R2 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL SRI.SUVIN R.MENON, CGC

¶20

R3&R4 BY SENIOR GOVERNMENT PLEADER SRI.BIJOY CHANDRAN

¶21

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08-01-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶22

PBS

¶23

WP(C).No. 599 of 2018 (Y)

¶24

APPENDIX

¶25

PETITIONER(S)' EXHIBITS

¶26

EXHIBIT P1	TRUE PHOTOCOPY OF LETTER NO.AWTC/ -21/5/98, DATED 14.05.1998, INFORMING THE PETITIONER ABOUT THE SAID APPOINTMENT BY THE COURSE DIRECTOR.
EXHIBIT P2	TRUE PHOTOCOPY OF THE ORDER NO.ICDS/A4-2196/16(1), ISSUED BY THE 4TH RESPONDENT DATED 01.04.2016.
EXHIBIT P3	TRUE PHOTOCOPY OF THE RELEVANT GUIDELINES, BEARING NO.4-1/85-AT, DATED 07/03/186, ISSUED BY THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT (DEPARTMENT OF WOMEN'S WELFARE), GOVT. OF INDIA
EXHIBIT P4	TRUE PHOTOCOPY OF THE ORDER NO.ICDS/A4-23967/16, DATED 18.04.2017, ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P5	TRUE PHOTOCOPY OF THE REPRESENTATION DATED 15.12.2017.
EXHIBIT P6	TRUE PHOTOCOPY OF THE ORDER NO.ICDS/A-4-23967/16(1), DATED 23.12.2017 ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P7	TRUE PHOTOCOPY OF THE DETAILS OF ORGANIZATIONAL CHART OF STATE OF TAMIL NADU.
EXHIBIT P8	TRUE PHOTOCOPY OF THE INTIMATION DATED 06.03.2017 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P8(A)	TRUE PHOTOCOPY OF THE INTIMATION DATED 04.05.2017 ISSUED BY THE 4TH RESPONDENT.
RESPONDENT'S EXH	IBITS NIL

/TRUE COPY/

PA TO JUDGE

PBS

P.V.ASHA J.

W.P.(C).No.599 of 2018

¶32

------------------------------------- Dated this the 8^th day of January, 2018

¶33

J U D G M E N T

¶34

Petitioner claims that she has been working as an

¶35

Instructor under the Anganawadi Workers Training Centre, which comes under the 3^rd respondent. She is a Post Graduate in Home Science and has been working as Instructor right from 1988. According to her, while all the categories of workers related to the Anganawadies are absorbed and their condition of service as secured, the Instructors are neglected. It is pointed out that despite the Guidelines issued by the Central Government in Ext.P3, they are denied payment on various occasions. It is pointed out that Training Centre is directed to be closed for want of funds and the petitioner, who has been working from 1998, is without employment and without livelihood. It is also stated salary is due to her for various periods. Petitioner has submitted Ext.P5

¶36

W.P.(C).No.599 of 2018

¶37

¶38

representation before the 3^rd respondent, pointing

¶39

out her grievances and the attitude adopted towards the Training Centres within the State, on comparison with those under the Government of Tamil Nadu.

¶40

Learned counsel appearing for the

¶41

petitioner submits that the petitioner would be satisfied with a direction to the third respondent

¶42

to consider and pass orders on Ext.P5 representation.

¶43

In view of the above circumstances, the writ petition is disposed of, directing the third respondent to consider and pass orders on Ext.P5 representation, after affording an opportunity of hearing to the petitioner, within a period of 'two months' from the date of receipt of a copy of this judgment.

¶44

Priya Nair v. Union of India

Case brief

What is this about?

What did the court decide?

Priya Nair v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bijithlal Thekkedath Vs Dr. Usha Titus

Kaladevi M.P Vs Smt. Mini S

Jessy Alexander Vs Biju Prabhakar

Janett.C.B Vs Mallika.N.R

P.P. Vimala Vs State of Kerala

E.C.Suresh Vs Kerala State Electricity Board