Karnataka High Court
Laxmi vs The State Of Karnataka And Ors on 20 September, 2022
Author: H.T.Narendra Prasad
Bench: H.T.Narendra Prasad
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 20TH DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE H.T.NARENDRA PRASAD
WRIT PETITION No.202369/2021 (S-RES)
BETWEEN:
LAXMI D/O MAREAPPA
(W/O LATE RAMAPPA)
AGED ABOUT 33 YEARS, OCC: NIL
R/O YERMASAL VILLAGE
P.O.DEVDURGA
DISTRICT RAICHUR-584111
... PETITIONER
(BY SRI VENKATESH C. MALLABADI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF WOMEN
AND CHILDREN DEPARTMENT,
M. S. BUILDING,
BANGALORE-560001.
2. THE DEPUTY DIRECTOR OF
WOMEN AND CHILD
DEVELOPMENT DEPARTMENT
RAICHUR.
2
3. THE CHILD DEVELOPMENT OFFICER
DEVDURGA
NARAGUND ROAD,
DEVDURGA,
DIST. RAICHUR-584101.
4. SMT. RENUKA D/O SADASHIVAPPA
AGED ABOUT 32 YEARS,
R/AT YARMASAL VILLAGE
TQ. DEVDURGA,
DIST. RAICHUR-584111.
... RESPONDENTS
(BY SRI MALLIKARJUN C.BASAREDDY, PGA FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING
TO QUASH THE IMPUGNED ORDER DATED 08.10.2021 IN
FILE NO.G¤ÃgÁ/ªÀiÁªÀÄC/CA.PÁ.PÀ/ªÀiÁ£Àåv/É 2021-22-3233 PASSED
BY RESPONDENT NO.2 INSOFAR AS SELECTION OF
RESPONDENT NO.4 TO THE POST OF ANGANWADI
WORKER AT YARAMASAL VILLAGE, DEVADURGA TALUK OF
RAICHUR DISTRICT AT SL.NO.3 AND CONSEQUENTLY
DIRECT THE RESPONDENTS NO.1 TO 3 TO ISSUE
APPOINTMENT ORDER TO THE PETITIONER, THE ONLINE
COPY OF WHICH IS AT ANNEXURE-E. DIRECT THE
RESPONDENT NO.2 AND 3 CONSIDER THE OBJECTIONS/
REPRESENTATION SUBMITTED BY THE PETITIONER DATED
09.11.2020 AND 15.11.2021 THE COPIES OF WHICH ARE
AT ANNEXURES-D AND F.
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THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
In this writ petition, the petitioner has called in question the order passed by the respondent No.2 dated 08.10.2021 vide Annexure-E appointing respondent No.4 to the post of Anganwadi *worker at Yaramasal-2 Anganwadi Centre in Devadurga taluk.
2. The case of the petitioner is that respondent No.2 has invited applications for appointment of Anganwadi *worker to Yaramasal-2 Anganwadi Centre, Devadurga taluk, Raichur district. Pursuant to the same, the petitioner, who is a widow, and respondent No.4 have filed their respective applications along with all necessary documents. As per the guidelines issued by the Government for appointment of Anganwadi Workers produced at Annexure-G, preference shall be given to a widow. The respondents by impugned order dated * Corrected vide Court order dated: 23/11/2022 4 08.10.2021 as per Annexure-E, appointed respondent No.4 as Anganwadi *worker in Yaramasal-2 Anganwadi Center, without considering the case of the petitioner. Being aggrieved by the same, petitioner is before this Court.
3. Sri Venkatesh C. Mallabadi, learned counsel for the petitioner contended that as per the notification issued by the respondent No.2, petitioner being a widow has filed an application along with all necessary documents for the post of Anganwadi *worker. As per the guidelines issued by the Government vide Annexure-G, the first preference has to be given to a widow. But the respondent-authorities, contrary to the guidelines issued by the Government have appointed respondent No.4 as Anganwadi *worker at Yaramasal-2 Anganwadi Center, even though, she is not entitled for appointment. Hence, he sought for allowing the writ petition.
4. Shri Mallikarjun C. Basareddy, learned Principal Government Advocate appearing for the respondent-State has contended that the Committee after verifying the * Corrected vide Court order dated: 23/11/2022 5 records the respondent No.2 has issued provisional selection list. Since they have not received any objection from the other applicants, the case of respondent No.4 has been considered and she has been appointed as Anganwadi *worker. Hence, he sought for dismissal of the writ petition.
5. Heard the learned counsel for the parties. Perused the writ papers.
6. It is not in dispute that respondent No.2 vide notification dated 29.06.2020 has invited applications to the post of Anganwadi *worker in Anganwadi Center Yaramasal-2 Devadurga taluk, as per Annexure-A. Pursuant to the notification, the petitioner as well as respondent No.4 have applied to the said post along with necessary documents. As per the guidelines issued by the Government vide Annexure-G, priority has to be given to widow. The petitioner is claiming that she is a widow and she is a resident of Yaramasal village. As per the guidelines issued by the Government, the case of the * Corrected vide Court order dated: 23/11/2022 6 petitioner has to be considered on priority basis. The petitioner has filed the objection to the provisional list as per Annexure-D. The respondents contrary to Annexure-G, has appointed respondent No.4 as Anganwadi *worker in Yaramasal-2 Anganwadi Centre, at Devadurga taluk. Hence, the impugned order at Annexure-E passed by the respondent No.2 is unsustainable and requires to be quashed.
7. In view of the above, Annexure-E, insofar as respondent No.4 is concerned, is quashed. Respondent No.2 is directed to consider the case of the petitioner in accordance with law, pursuant to the notification as per Annexure-A for the post of Anganwadi *worker for Yaramasal-2 Anganwadi Centre within three months from the date of receipt of copy of this order.
Sd/-
JUDGE VNR * Corrected vide Court order dated: 23/11/2022