Disposed

Jayasudha. K.G. v. State of Kerala, Represented by the Secretary to Government

Kerala HC21 Nov 2023WP(C)/5963/2023

Case brief

AI extract

What is this about?

This petition challenges the denial of permanent posting to a temporary Anganwadi worker. The court directs the respondent to consider the petitioner's representation and experience certificate within two months.

What did the court decide?

Direction to the 2nd respondent to consider the petitioner's representation and experience certificate and take a decision on permanent posting within two months.

Jayasudha. K.G. Vs State of Kerala… — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THEHONOURABLEMR.JUSTICERAJAVIJAYARAGHAVANV
TUESDAY,THE21STDAYOFNOVEMBER2023/30THKARTHIKA,1945
WP(C)NO.5963OF2023

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PETITIONER/S:

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JAYASUDHA.K.G.
AGED44YEARS
W/O.HARIDAS,KARAVAKATTIL,KANJIRAKODE,
KUMARANELLURP.O,THRISSUR,PIN–680590
CELLNO.9497111053

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BYADVS.
JINSONOUSEPH
S.VIJAYAN
V.PRINCEDEV
C.RAJESWARAKUMAR
CHITRAVIJAYAN
BASILMECHERY
NIMISHAGEORGE
AMALENDUN.S.

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RESPONDENT/S:

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1STATEOFKERALA,
REPRESENTEDBYTHESECRETARYTOGOVERNMENT,
WOMEN&CHILDDEVELOPMENTDEPARTMENT,
GOVERNMENTSECRETARIAT,THIRUVANANTHAPURAM,
PIN–695001

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2DIRECTOR
WOMEN&CHILDDEVELOPMENTDEPARTMENT,
POOJAPPURAPO,THIRUVANANTHAPURAM,
PIN–695012

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3DISTRICTOFFICER
WOMEN&CHILDDEVELOPMENTDEPARTMENT,
AYYANTHOL,THRISSURCIVILSTATION,
THRISSUR,PIN–680003
4DISTRICTPROGRAMMEOFFICER,ICDSCELL
MINICIVILSTATION,CHEMBUKAVUPO,
THRISSUR,PIN-680020

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W.P. (C) No.5963 of 2023

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5 CHILD DEVELOPMENT & PROJECT OFFICER WOMEN & CHILD DEVELOPMENT DEPARTMENT, WADAKKANCHERY,THRISSUR, PIN - 680582

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SMTMARYBEENAJOSEPH,SR.GP

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THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON
21.11.2023,THECOURTONTHESAMEDAYDELIVEREDTHEFOLLOWING:

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W.P. (C) No.5963 of 2023

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JUDGMENT

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The petitioner states that she was appointed as a temporary worker in

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Anganwadi Centre No.45 of the Erumapetty Grama Panchayath on 2.11.1998 under the Child Development and Project Officer, Wadakkanchery. She states that she continued up to 31.1.1999 at the Aganwadi Centre and was re-engaged with different spells of 352 days. The petitioner asserts that on the strength of Ext.P1 circular, she is entitled to get a permanent posting. However, her total length of service was not taken note of. She states that she has submitted Ext.P6 representation and the prayer in this writ petition is for a direction to the 2nd respondent to consider the same in the light of Exhibit P2 experience certificate.

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The learned Government Pleader initially submitted that she be permitted to place on record a counter affidavit. She would further submit that as per G.O. (MS) No.79/2010/Social Justice Department dated 10.11.2010, the petitioner was expected to produce the relevant documents to ensure that her seniority is maintained. In the instant case, the petitioner had failed to produce the records. It is further submitted that later, on verification, it was found that the claim of the petitioner was genuine. However, the 2nd respondent will have to take a decision on the same after verifying the records.

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I have considered the submissions advanced and have gone through

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W.P. (C) No.5963 of 2023

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the records. I find that the limited request of the petitioner is for the issuance of directions to the 2nd respondent to take up and consider Ext.P6 representation. The learned Government Pleader submits that, earlier, owing to the failure of the petitioner to produce relevant records, seniority of the petitioner was wrongly entered. However, it appears that the said discrepancy has now been cleared. It is for the 2nd respondent to consider the grievance

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of the petitioner and take a decision.

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In that view of the matter, this writ petition is disposed of, directing the 2nd respondent to take up and consider Ext.P6 representation submitted by the petitioner and take a decision in the light of Ext.P2 and P3, as per procedure and in accordance with law, with notice to the petitioner. A decision shall be taken within a period of two months from the date of receipt of a copy of the judgment.

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The petitioner shall produce a copy of the writ petition along with a copy of the judgment before the 2nd respondent to ensure compliance.

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Sd/-

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RAJA VIJAYARAGHAVAN V, JUDGE

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NS/21/11/2023

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W.P. (C) No.5963 of 2023

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APPENDIX OF WP(C) 5963/2023

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PETITIONEREXHIBITS

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`Exhibit P1`	`TRUE COPY OF THE CIRCULAR IN NO.` `ICDS.B4-4371/16 DATED 14/11/2016 ISSUED BY THE` `DIRECTOR, SOCIAL JUSTICE DEPARTMENT`
`Exhibit P2`	`TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED` `BY THE 5TH RESPONDENT VIDE NO.` `ICDS/WKY/1229/2022 DATED 26/11/2022`
`Exhibit P3`	`TRUE COPY OF THE INTEGRATED REVISED LIST OF` `ANGANWADI WORKERS OF THEKKUMKARA GRAMA` `PANCHAYATH FOR THE YEAR 2006 & 2010 PUBLISHED` `BY THE 5TH RESPONDENT`
`Exhibit P4`	`TRUE COPY OF THE REPRESENTATION DATED` `05/12/2022 SUBMITTED BEFORE THE 4TH RESPONDENT` `ALONG WITH POSTAL ACKNOWLEDGMENT CARD.`
`Exhibit P5`	`TRUE COPY OF THE REPRESENTATION DATED` `05/12/2022 SUBMITTED BEFORE THE 5TH RESPONDENT` `ALONG WITH POSTAL ACKNOWLEDGMENT CARD`
`Exhibit P6`	`TRUE COPY OF THE REPRESENTATION DATED` `11/01/2023 SUBMITTED BEFORE THE 2ND RESPONDENT` `ALONG WITH POSTAL ACKNOWLEDGMENT CARD.`
`Exhibit P7`	`TRUE COPY OF THE LETTER NO. C.56/2017 DATED` `10/01/2017 ISSUED BY THE 3RD RESPONDENT.`

Jayasudha. K.G. v. State of Kerala, Represented by the Secretary to Government

Case brief

What is this about?

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Jayasudha. K.G. v. State of Kerala, Represented by the Secretary to Government

Case brief

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