Petitioner seeks mandamus for appointment and honorarium as Anganwadi worker despite departmental resistance. Court side-steps ruling power as payment location disputed.
Petition disposed of. Directions to fix dispute before District Program Officer.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
MONDAY, THE 17TH DAY OF AUGUST 2020 / 26TH SRAVANA, 1942 WP(C).No.9893 OF 2020(J)
PETITIONER:
RANJINI GOPALAN, AGED 40 YEARS, W/O. GOPALAN, RESIDING AT KALATHILPARAMBIL HOUSE, OMMALA, JELLIPPARA P.O, AGALI, ATTAPPADY - 678 582.
BY ADVS. SRI.T.C.SURESH MENON SRI.P.S.APPU
RESPONDENTS:
WPMAN AND CHILD DEVELOPMENT DEPARTMENT, POOJAPPURA, THIRUVANANTHAPURAM - 695 012.
BY ADV.SRI.SUNIL KUMAR KURIAKOSE, GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has filed this writ
petition, seeking the following reliefs:
“(i) issue a writ in the nature of mandamus directing the 5th respondent to take effective steps to acknowledge the appointment of the petitioner as an Anganwadi worker with effect from 10.3.2020 and disburse the monitory benefits due to her accordingly;
(ii) issue a writ in the nature of mandamus directing the 5th respondent to enforce Exts.P2, P4 and P6 orders passed by respondents 1, 2 and 4 and allow the petitioner to perform her duties as an Anganwadi worker with effect from 10.3.2020 without any obstruction or disturbance.
and (iii) issue such other writ, order or direction as this honourable court deems fit and proper in the circumstances of the case.”
2. The main complaint of the petitioner was that the 5th respondent was not allowing her to perform her duties despite the order issued by
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the District Collector and that the CDPO was refusing to take steps to disburse her honorarium despite the order Ext.P6 of 4th respondent.
3. As rightly pointed out by the learned Government Pleader, the District Collector does not have any role in the matter of appointment of the Anganwadi Workers. The CDPO has a complaint that petitioner has not approached the CDPO to take charge and did not put her signature in the attendance register, in accordance with rules. On 03.06.2020, the following interim order was
passed:
“ Learned Government Pleader on instructions submits that the petitioner has not put her signature in the register relating to appointment and that as soon as she puts the signature, honorarium would be paid.
2. Learned counsel for the petitioner submits that petitioner would report before the CDPO and put the signature.
On putting the signature, the CDPO shall disburse the honorarium to petitioner. Dispute if any, regarding the quantum of payment will be decided later.”
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It is stated that, honorarium due to petitioner was paid on 19.03.2020 onwards. Petitioner submits that she is entitled to payment for the period from 10.03.2020 onwards.
4. The 5th respondent has filed a counter affidavit stating that petitioner is not entitled to payment of honorarium for the period from 10.03.2020 to 18.03.2020 producing various documents. Ext.R5(g) shows that the 2nd respondent has called for a report from the District Program Officer in respect of the direction issued by him to the CDPO in connection with the joining of the petitioner.
It appears that petitioner as well as the 5th respondent are at loggerheads. Therefore I am of the view that the complaint of the petitioner as well as the 5th respondent shall be decided by the 2nd respondent, after hearing them, within a period of three months from the date of receipt
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of a copy of the judgment.
Accordingly, the writ petition is
disposed of.
Sd/-
P.V.ASHA JUDGE
ww
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APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER IN O.A.(EKM) NO. 1803/2019 ON THE FILE OF THIS HONOURABLE TRIBUNAL DATED 29-1-2020 EXHIBIT P2 TRUE COPY OF THE ORDER NO.DLICDS/C-329/2020 PASSED BY THE 1ST RESPONDENT DATED 9-32020. EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS LEADING TO THE HANDING OVER OF CHARGE DATED 10-03-2020. EXHIBIT P4 TRUE COPY OF THE ORDER NO.ICDS B4/31531/19 PASSED BY THE 2NBD RESPONDENT DATED 16-32020. EXHIBIT P5 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 20-03-2020. EXHIBIT P6 TRUE COPY OF THE ORDER NO.C.320/2020 PASSED BY THE 4TH RESPONDENT DATED 4-4-2020. EXHIBIT P7 TRUE COPY OF THE REQUEST MADE BY THE PETITIONER DATED 27-4-2020.
RESPONDENTS' EXHIBITS:
| EXHIBIT R5(A) | TRUE COPY 17.03.2020 |
OF . |
THE | RELEVANT DOCUMENT DATED |
|---|---|---|---|---|
| EXHIBIT R5(B) | TRUE COPY CERTIFICAT KALLAMALA |
OF E ISS DATED |
T UED 18. |
HE ONE AND THE SAME BY THE VILLAGE OFFICER, 03.2020. |
| EXHIBIT R5(C) | TRUE COPY 45/2019(1/ |
OF 9) DA |
THE TED |
ORDER NO.ICDS/ATPDY/C- 18.03.2020. |
| EXHIBIT R5(D) | TRUE COPY | OF LE | TTER | DATED 19.03.2020. |
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EXHIBIT R5(E) TRUE COPY OF LETTER DATED 06.05.2020. EXHIBIT R5(F) TRUE COPY OF LETTER DATED 26.05.2020. EXHIBIT R5(G) TRUE COPY OF LETTER TO THE DISTRICT WOMAN AND CHILD DEVELOPMENT OFFICER DATED 20.05.2020.
2 issues framed by the court
Whether the courier for payment of honorarium should be determined by the court or the competent officer.
Whether interim order to allow joining can be passed without resolving the dispute between petitioner and department.
RANJI NI GOPALAN
THE DISTRICT COLLECTOR, PALAKKAD
THE DIRECTOR, WPMAN AND CHILD DEVELOPMENT DEPARTMENT, THIRUVANANTHAPURAM
THE DISTRICT OFFICER, WOMAN AND CHILD DEVELOPMENT DEPARTMENT, PALAKKAD
THE PROGRAMME OFFICER, ICDS, CIVIL STATION, PALAKKAD
THE PROJECT OFFICER, ICDS, ATTAPPADY, PALAKKAD
P.V.ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
