Disposed

Lizy O. v. Union of India

Kerala HC28 Mar 2022WP(C)/18956/2020

Case brief

AI extract

What is this about?

Regarding a writ petition by a former Anganwadi worker seeking appointment to a vacancy based on seniority, the High Court of Kerala directed the 5th respondent to consider the claim for appointment in accordance with seniority and the prescribed procedure.

What did the court decide?

Directed the 5th respondent to consider the petitioner's claim for appointment as Anganwadi worker in accordance with her seniority and the procedure prescribed in Exts.R5(a) and R5(b).

Lizy O. Vs Union of India — Pension and Retirement Benefits | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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MONDAY, THE 28TH DAY OF MARCH 2022 / 7TH CHAITHRA, 1944

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WP(C) NO. 18956 OF 2020

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PETITIONER/S:

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LIZY O.
AGED 40 YEARS
W/O.WILSON, KYMANNIL VEEDU, OTTAKKAL P.O., THENMALA,
KOLLAM DISTRICT, PIN - 691308.
BY ADVS.
JOHNSON MANAYANI
SRI.JEEVAN MATHEW MANAYANI

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RESPONDENT/S:

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1 UNION OF INDIA

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REP BY ITS SECRETARY TO GOVERNMENT, GOVERNMENT OF
INDIA, MINISTRY OF WOMEN AND CHILD DEVELOPMENT, SASTRI
BHAVAN, NEW DELHI - 110 001.

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2STATE OF KERALA
REP. BY ITS SECRETARY TO GOVERNMENT, SOCIAL JUSTICE
DEPARTMENT, STATE SECRETARIATE, THIRUVANANTHAPURAM -
695 001.

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3 DIRECTOR OF SOCIAL WELFARE DIRECTORATE OF SOCIAL WELFARE, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 004.

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4 THE DISTRICT SOCIAL JUSTICE OFFICER OFFICE OF THE DISTRICT SOCIAL JUSTICE OFFICE, KOLLAM - 691 013.

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5 THE CHILD DEVELOPMENT PROJECT OFFICER ANCHAL/ADDL KULUTHUPUZHA ICDS OFFICE, KULATHUPUZHA - 691 310.

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6 THENMALA SPECIAL GRADE GRAMA PANCHAYATH THENMALA GRAMA PANCHAYATH OFFICE, THENMALA P.O., PIN - 691 308, KOLLAM DISTRICT.

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BY ADVS.

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SRI.P.VIJAYAKUMAR
GOVERNMENT PLEADER
SRI.MANOJ RAMASWAMY

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OTHER PRESENT:

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SR.GP.PREMCHAND R. NAIR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 18956 OF 2020

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JUDGMENT Dated this the 28^th day of March, 2022

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The petitioner claims to have worked as Anganwadi worker in Thenmala Grama Panchayat from 2006 onwards. Based on the number of days she had worked, the petitioner is included at serial no.4 in the lists prepared as per Exts.P1 to P3. The petitioner claims that she is entitled for appointment to the vacancy of Anganwadi worker in the Panchayat based on her seniority.

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The 5^th respondent has filed a statement pointing out that the petitioner is included in serial no.4 in the consolidated seniority list of temporary Anganwadi workers and that appointment from the seniority list is only one among the ten methods mentioned in Ext.R5(a) Government Order. In Thenmala Grama Panchayat, the last three vacancies of Anganwadi workers were made from the consolidated seniority list in which the petitioner is included, since there was no candidate to be appointed from the other categories. The next regular vacancy ie., the

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WP(C) NO. 18956 OF 2020

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3

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4^th vacancy should go to the promotion quota. Therefore, the petitioner cannot aspire for appointment to the next vacancy.

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Learned Counsel for the petitioner would submit that other vacancies of Anganwadi workers are arising in Thenmala Grama Panchayat and the respondents are bound to consider her claim in accordance with seniority.

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Having heard the learned Counsel for the petitioner and the learned Government Pleader and the learned Standing Counsel for the Panchayat, the Writ Petition is disposed of, directing the 5^th respondent to consider the petitioner’s claim for appointment as Anganwadi worker in accordance with her seniority and in accordance with the procedure prescribed in Exts.R5(a) and R5(b).

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Sd/-

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V.G.ARUN
JUDGE

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RK

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WP(C) NO. 18956 OF 2020

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APPENDIX OF WP(C) 18956/2020

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PETITIONER EXHIBITS

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EXHIBIT P1TRUE COPY OF THE LETTER ISSUED BY THE
3RD RESPONDENT DT. 6/3/2017 TO THE
VARIOUS SUBORDINATE OFFICERS.
EXHIBIT P2TRUE COPY OF THE LETTER DT. 10/3/2017
ISSUED BY THE 3RD RESPONDENT TO THE
VARIOUS SUBORDINATE OFFICERS.
EXHIBIT P3TRUE COPY OF THE LETTER DT. 8/6/2017
ISSUED BY THE 3RD RESPONDENT TO THE
VARIOUS SUBORDINATE OFFICERS.
EXHIBIT P4TRUE COPY OF THE PETITION FILED BY THE
PETITIONER BEFORE THE 5TH RESPONDENT
DT. 27/8/2020.
EXHIBIT P5TRUE COPY OF THE PETITION FILED BY THE
PETITIONER BEFORE THE RESPONDENT NO.2
DT. 29/8/2020.

Lizy O. v. Union of India

Case brief

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What did the court decide?

Lizy O. v. Union of India

Case brief

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