This court dismissed a writ petition seeking appointment of a physically disabled petitioner to the post of Anganwadi Worker under the Physically Handicapped Quota. The court held the job nature precluded the appointment.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.1484 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.06.2023
CORAM:
THE HONOURABLE MR. JUSTICE P.B.BALAJI
W.P.No.1484 of 2018 and W.M.P.Nos.1888 & 1889 of 2018
V.Sasikala
...Petitioner
Vs
1.The State of Tamil Nadu, Rep. by its Principal Secretary to Government,
Social Welfare & Nutritious Meal Programme Department, Secretariat, Fort St.George, Chennai – 600 009.
4.S.Radhika
...Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records relating
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W.P.No.1484 of 2018
to the impugned selection list issued by the 2nd respondent in No.Nil dated 19.01.2018 and to quash the same is so far as inclusion of the name of 4th respondent for selection to the post of Anganwadi Worker in respect of 'Isukuli Katteri Ration Shop Anganwadi Centre' at Thiruvannamalai (Rural), Thiruvannamalai District is concerned and consequently directing the respondents 1 to 3 to appoint the petitioner in the post of Anganwadi Worker in Isukuli Katteri Ration Shop Anganwadi Centre at Thiruvannamalai (Rural) under Physically Handicapped Quota with all consequential and other attendant benefits, within a time frame to be fixed by this Court.
For Petitioner : Mr.S.Nedunchezhiyan For Respondents For RR1 & 3 : Mr.V.Arun Additional Advocate General assisted by Mr.R.Kumaravel Additional Government Pleader For R4 : No appearance
ORDER
The petitioner seeks issuance of a Writ of Certiorarified Mandamus, to call for the records in the impugned selection list dated 19.01.2018 and quash the same, in so far as inclusion of the 4th
W.P.No.1484 of 2018
respondent's name to the post of Anganwadi Worker and consequently, direct the respondents 1 to 3 to appoint the petitioner in the post of Anganwadi Worker under Physically Handicapped quota, together with all consequential and other attendant benefits.
W.P.No.1484 of 2018
nature of job in the Anganwadi Centre requires taking care of small children, cook and feed them, play with them besides also teaching them
from the typed set of papers filed by the 3rd respondent that the centre involved in the present case is a general category centre and not a priority category centre. Insofar as minimum reservation of 3% provided under Rule 22 of the Tamil Nadu State and Subordinate Service Rules is concerned, the Learned Additional Advocate General for the respondents
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W.P.No.1484 of 2018
1 to 3 would invite the attention of the Court to G.O.Ms.No.21 dated 30.05.2017 whereunder the reservation for differently abled person has been increased from 3% to 4% in all State Public Services / Public Sector undertakings / Boards / Corporations etc., and he would refer to the details of appointments made to such special category meeting the minimum requirement of 4%. He would further submit that 44 persons have been appointed in various localities under the category of physically challenged / disabled. Therefore, according to the learned Additional Advocate General there is absolutely no infirmity in the procedure adopted by the 2nd respondent and the petitioner has not entitled to any relief to this Court.
W.P.No.1484 of 2018
General and also as seen from the counter affidavit filed by the 3rd respondent, the nature of job at the Anganwadi Centre would involve taking care of small children and a person like the petitioner who suffers from 60% ( Post Polio Residual Paralysis of Lower Limb) physical disability would certainly not be a fit person to be appointed.
W.P.No.1484 of 2018
no order as to costs. Consequently, connected writ miscellaneous petitions
are closed.
14.06.2023
Index:Yes/No Speaking order/Non-speaking order
ata
To
W.P.No.1484 of 2018
P.B.BALAJI,J.
ata
W.P.No.1484 of 2018
14.06.2023
2 issues framed by the court
Whether a physically disabled candidate with 60% disability is eligible for appointment to the post of Anganwadi Worker.
Whether the appointment of a selected candidate over a reserved category candidate violates service rules.
Colour shows how this judgement treated each authority
Not citedReferred
V. Sasikala
The State of Tamil Nadu
The District Collector, Thiruvannamalai
S. Radhika
P.B. BALAJI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
