Partly allowed

Leela L v. Union of India

Kerala HC16 Sept 2022WP(C)/21008/2022

Case brief

AI extract

What is this about?

Retired Anganwadi workers sought re-appointment/can continue service till proper recruitment. Court directed 6th respondent to consider petitioners claim for future vacancies till regular recruitment in accordance with GOs.

What did the court decide?

Directed 6th respondent to consider petitioners claim if further vacancy arises without available candidate per GOs, till regular recruitment.

Leela L 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 MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 16^TH DAY OF SEPTEMBER 2022 / 25TH BHADRA, 1944

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WP(C) NO.21008 OF 2022

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PETITIONERS :-

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1 LEELA L, AGED 62 YEARS W/O.BABU, MURUKALAYAM, CHATHINAMKULAM, CHANDANATHOPPE (P.O.), KOLLAM DISTRICT, PIN-691 004.

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2 LATHIKA KUMARI AMMA P, AGED 62 YEARS W/O.MOHANACHANDRAN, LATHA BHAVAN, KARIKODE, KOLLAM DISTRICT, PIN-691 004.

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3 AJAYAKUMARI A, AGED 62 YEARS W/O.REMANANASUKUTTAN, KEERTHANAM, KARIKODE, THRIKKADAVUR, KOLLAM DISTRICT, PIN- 691 004.

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4 ANANDAVALLI P, AGED 62 YEARS W/O.CHANDRAN PILLAI, KALIYILAZHIKATHU VEEDU, MANGADU, THRIKKADAVUR, KOLLAM DISTRICT, PIN- 691 015.

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BY ADVS. K.V.ANIL KUMAR SWAPNA VIJAYAN MOHANAN M.K. RADHIKA S.ANIL

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RESPONDENTS :-

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1 UNION OF INDIA REPRESENTED BY SECRETARY TO GOVERNMENT, INTEGRATED CHILD DEVELOPMENT DEPARTMENT, NEW DELHI, PIN : 110 001.

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2 STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN : 695 001.

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3 THE SECRETARY TO GOVERNMENT, SOCIAL JUSTICE DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM, PIN : 695 001.

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4 THE DIRECTOR, DIRECTORATE OF WOMEN AND CHILD DEVELOPMENT OFFICE,

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WP(C) NO.21008 OF 2022

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-: 2 :-

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OFFICE OF WOMEN AND CHILD DEVELOPMENT DEPARTMENT, POOJAPPURA P.O, THIRUVANANTHAPURAM, PIN : 695 004.

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5 CHIEF EXECUTIVE OFFICER, ANGANAWADI WORKERS AND HELPERS WELFARE FUND (AW&H) SOCIAL JUSTICE ANNEX, POOJAPPURA P.O, THIRUVANANTHAPURAM, PIN : 695 004.

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6 CHILD DEVELOPMENT PROJECT OFFICER, I.C.D.S. URBAN-II, CHILD DEVELOPMENT PROJECT OFFICE, KOLLAM DISTRICT, PIN : 691 001.

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BY ADV P.R.AJITH KUMAR BY SRI.SUNIL KURIAKOSE, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO.21008 OF 2022

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-: 3 :-

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JUDGMENT

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Dated this the 16th day of September, 2022

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This writ petition is filed seeking the following reliefs :-

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“i) issue a writ of mandamus or any other appropriate writ order or direction, commanding respondent No.6 to consider Exts.P5 to P8 of the petitioners and engage them on contract basis, paying same wages till regular recruitment is made in accordance with the procedure.

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ii) issue a writ in the nature of mandamus or any other appropriate writ, order or direction commanding the 6^th respondent to take appropriate action on Exts.P5 to P8 requests in accordance with law.”

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Heard the learned counsel for the petitioners and

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the learned Government Pleader.

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It is submitted by the learned counsel for the petitioners that the petitioners are Anganwadi workers who retired from service on 30.4.2021 on superannuation. It is submitted that since there is no valid selection list in force, the petitioners were entitled to be re-appointed and to continue in service till proper selections and appointments are made to the post of Anganwadi workers/helpers on the basis of the Government Orders. It is submitted that Exts.P5 to P8

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WP(C) NO.21008 OF 2022

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-: 4 :-

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representations have been preferred by the petitioners seeking re-engagement and continuance.

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A detailed counter affidavit has been placed on record by the 6^th respondent. In paragraph 4 of the same, it is contended that there were four vacancies which arose on the retirement of the petitioners. It is submitted that in all these vacancies, appointments were made by the 6^th respondent following the Government Order dated 30.4.2018 and the circular dated 22.2.2020. It is submitted that in one vacancy, a person from the seniority list had been appointed by Ext.R6(a). Another person was appointed from the list of candidates who have donated land for the construction of Anganwadi and the third vacancy was filled up through transfer by Ext.R6(b). It is submitted that the 4^th vacancy was filled by a transfer appointment within the project by Ext.R6(c).

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The learned counsel for the petitioners contends that in case any further vacancy arises and in case there is no person suitable for appointment in the respective turns, going

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WP(C) NO.21008 OF 2022

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-: 5 :-

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by the Government Orders in force, the petitioners' claim may be considered.

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In the above view of the matter, this writ petition is disposed of directing that in case any further vacancy arises and there is no candidate available for appointment in the respective turn, the petitioners' claim is to be considered, till the vacancies are duly filled up regularly in accordance with the Government Orders.

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Sd/ANU SIVARAMAN JUDGE

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Jvt/17.9.2022

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WP(C) NO.21008 OF 2022

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-: 6 :-

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APPENDIX OF WP(C) 21008/2022

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PETITIONER EXHIBITS

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Exhibit	P1 A TRUE COPY OF THE SERVICE CERTIFICATE OF THE 1ST PETITIONER ISSUED BY THE 6TH RESPONDENT.
Exhibit	P2 A TRUE COPY OF THE SERVICE CERTIFICATE OF THE 2ND PETITIONER ISSUED BY THE 6TH RESPONDENT.
Exhibit	P3 A TRUE COPY OF THE SERVICE CERTIFICATE OF THE 3RD PETITIONER ISSUED BY THE 6TH RESPONDENT.
Exhibit	P4 A TRUE COPY OF THE SERVICE CERTIFICATE OF THE 4TH PETITIONER ISSUED BY THE 6TH RESPONDENT.
Exhibit	P5 A TRUE COPY OF THE REQUEST OF THE 1ST PETITIONER DATED 09.06.2022 BEFORE THE 6TH RESPONDENT.
Exhibit	P6 A TRUE COPY OF THE REQUEST OF THE 2ND PETITIONER DATED 09.06.2022 BEFORE THE 6TH RESPONDENT.
Exhibit	P7 A TRUE COPY OF THE REQUEST OF THE 3RD PETITIONER DATED 09.06.2022 BEFORE THE 6TH RESPONDENT.
Exhibit	P8 A TRUE COPY OF THE REQUEST OF THE 4TH PETITIONER DATED 09.06.2022 BEFORE THE 6TH RESPONDENT.
Exhibit	P9 A TRUE COPY OF THE INTERIM ORDER DATED 19.05.2021 IN W.P.(C) NO. 16294 / 2021.
Exhibit	P10 A TRUE COPY OF THE ORDER DATED 20.05.2022 WIDE NO. ICDSB 4/3418/2022 OF THE 4TH RESPONDENT.
RESPOND	ENT EXHIBITS

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Exhibit R6(a): True copy of the order No.ICDS/KU-2/368/2020

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WP(C) NO.21008 OF 2022

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-: 7 :-

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dated 16.06.2022

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Exhibit R6(b): A true copy of the appointment order with No.ICDS/KU-2/368/2020 dated 21.06.2022

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Exhibit R6(c): A true copy of the appointment order with No.ICDS/KU-2/257/2022

Leela L v. Union of India

Case brief

What is this about?

What did the court decide?

Leela L v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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