Rajani K.S vs the Child Development Project Officer - Court Judgment

SooperKanoon Citationsooperkanoon.com/1503556
CourtKerala High Court
Decided OnOct-06-2022
Case NumberWP(C)/23520/2022
JudgeHonourable Mrs. Justice Anu Sivaraman
AppellantRajani K.S
RespondentThe Child Development Project Officer
Excerpt:
in the high court of kerala at ernakulampresent the honourable mrs. justice anu sivaraman thursday, the 6th day of october 2022 / 14th aswina, 1944 petitioners:1 rajani k.s aged 52 years w/o. t. soman, residing at thottuthara, ladrum, lakshmi kovil (p.o.), peerumade - 685531. 2 saraswathy p., aged 41 years w/o james y., residing at kunnel house, theppakulam (pudaval), lakshmi kovil (p.o.), peerumade - 685531. 3 b. gnanapushpam, aged 46 years w/o marimuthu, koduvakaranam estate, lakshmi kovil (p.o.), peerumade - 685531. 4 beena k., residing at pazhayapurickal house, thengakallu p.o., mlamala, idukki district, pin- 685532. by adv noble mathewrespondents:1 the child development project officer azhutha block, peerumade, idukki district, pin- 685531. 2 the supervisor, icds project, azhutha, peerumade grama panchayath, peerumade, idukki district, pin-685531. 3 the peerumade grama panchayath, represented by its secretary, peerumade p.o., idukki district, pin- 685531. 4 the director, women & child development department, poojappura p.o., thiruvananthapuram - 695 004. 5 the secretary to government, social justice department, government secretariat, thiruvananthapuram - 695 001. sri.joice george, sc, peerumade grama panchayat this writ petition (civil) having come up for admission on06.10.2022, the court on the same day delivered the following:judgmentdated this the 6th day of october, 2022 the petitioners have approached this court seeking the following prayers: “(i) to issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents 1 to 3 to give appointment to the petitioners on permanent basis forthwith.(ii) to issue a writ in the nature of prohibition or any otherappropriate writ, order or direction restraining the respondents 1 to 3 from making any further permanent /temporary appointments to the post of anganwadi workers under their area, until the petitioners are given permanent posting as anganwadi workers”2. heard the learned counsel for the petitioners and the learned government pleader.3. a counter affidavit has also been placed on record by the learned government pleader contending that appointments are being made strictly in accordance with the government order dated 30.04.2018.4. the learned counsel for the petitioners submits that even iftemporary appointments are being made, the petitioners’ claim is liable to be considered. the petitioners have approached the 1 st respondent with ext.p1 representation.5. in the above view of the matter, there will be a direction to the 1 strespondent to take up ext.p1 representation submitted by the petitioners and to consider and pass appropriate orders on the same considering all the contentions raised by the petitioners. the petitioners shall also be put on notice and heard before orders are passed. appropriate orders shall be passed within a period of one month from the date of receipt of a copy of this judgment, after adverting to all the contentions of the petitioners as well. this writ petition is ordered accordingly. sd/- anu sivaraman judge np appendix of wp(c) 23520/2022 petitioners’ exhibits exhibit p1 true copy of the representation dated18/06/2022 filed by the petitioners before the respondents. exhibit p2 true copy of the interim order dated 08.06.2022 in w.p. (c) no. 18602/2022 of this hon'ble court. respondents exhibits: nil
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 PETITIONERS:

1 RAJANI K.S AGED 52 YEARS W/O. T. SOMAN, RESIDING AT THOTTUTHARA, LADRUM, LAKSHMI KOVIL (P.O.), PEERUMADE - 685531. 2 SARASWATHY P., AGED 41 YEARS W/O JAMES Y., RESIDING AT KUNNEL HOUSE, THEPPAKULAM (PUDAVAL), LAKSHMI KOVIL (P.O.), PEERUMADE - 685531. 3 B. GNANAPUSHPAM, AGED 46 YEARS W/O MARIMUTHU, KODUVAKARANAM ESTATE, LAKSHMI KOVIL (P.O.), PEERUMADE - 685531. 4 BEENA K., RESIDING AT PAZHAYAPURICKAL HOUSE, THENGAKALLU P.O., MLAMALA, IDUKKI DISTRICT, PIN- 685532. BY ADV NOBLE MATHEW

RESPONDENTS:

1 THE CHILD DEVELOPMENT PROJECT OFFICER AZHUTHA BLOCK, PEERUMADE, IDUKKI DISTRICT, PIN- 685531. 2 THE SUPERVISOR, ICDS PROJECT, AZHUTHA, PEERUMADE GRAMA PANCHAYATH, PEERUMADE, IDUKKI DISTRICT, PIN-685531. 3 THE PEERUMADE GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, PEERUMADE P.O., IDUKKI DISTRICT, PIN- 685531. 4 THE DIRECTOR, WOMEN & CHILD DEVELOPMENT DEPARTMENT, POOJAPPURA P.O., THIRUVANANTHAPURAM - 695 004. 5 THE SECRETARY TO GOVERNMENT, SOCIAL JUSTICE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. SRI.JOICE GEORGE, SC, PEERUMADE GRAMA PANCHAYAT THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 6th day of October, 2022 The petitioners have approached this Court seeking the following prayers: “(i) To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents 1 to 3 to give appointment to the petitioners on permanent basis forthwith.

(ii) To issue a writ in the nature of prohibition or any other

appropriate writ, order or direction restraining the respondents 1 to 3 from making any further permanent /temporary appointments to the post of Anganwadi Workers under their area, until the petitioners are given permanent posting as Anganwadi Workers”

2. Heard the learned counsel for the petitioners and the learned Government Pleader.

3. A counter affidavit has also been placed on record by the learned Government Pleader contending that appointments are being made strictly in accordance with the Government Order dated 30.04.2018.

4. The learned counsel for the petitioners submits that even if

temporary appointments are being made, the petitioners’ claim is liable to be considered. The petitioners have approached the 1 st respondent with Ext.P1 representation.

5. In the above view of the matter, there will be a direction to the 1 st

respondent to take up Ext.P1 representation submitted by the petitioners and to consider and pass appropriate orders on the same considering all the contentions raised by the petitioners. The petitioners shall also be put on notice and heard before orders are passed. Appropriate orders shall be passed within a period of one month from the date of receipt of a copy of this judgment, after adverting to all the contentions of the petitioners as well. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE NP APPENDIX OF WP(C) 23520/2022 PETITIONERS’ EXHIBITS Exhibit P1 TRUE COPY OF THE REPRESENTATION DATED18/06/2022 FILED BY THE PETITIONERS BEFORE THE RESPONDENTS. Exhibit P2 TRUE COPY OF THE INTERIM ORDER DATED 08.06.2022 IN W.P. (C) NO. 18602/2022 OF THIS HON'BLE COURT. RESPONDENTS EXHIBITS: NIL