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Kerala High Court

Subhadra.N.K vs State Of Kerala

Author: K. Vinod Chandran

Bench: K.Vinod Chandran

        

 
IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                         PRESENT:

                  THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

         TUESDAY, THE 23RD DAY OF FEBRUARY 2016/4TH PHALGUNA, 1937

                                WP(C).No. 13013 of 2011 (B)
                                   ----------------------------

PETITIONER(S):
--------------------------

           SUBHADRA.N.K,
           W/O. LATE A. SURENDRAN, ANGANWADI WORKER, CENTRE NO.36
           EDACHERRY,ICDS KANNUR RURAL PROJECT, PALLIKUNNU.P.O
           KANNUR - 670 004.

           BY ADVS.SRI.H.BADARUDDIN
                         SMT.B.SHAMEERA

RESPONDENT(S):
----------------------------

        1. STATE OF KERALA,
           REPRESENTED BY ITS SECRETARY TO GOVERNMENT
           SOCIAL WELFARE DEPARTMENT, SECRETARIAT
           THIRUVANANTHAPURAM - 695 001.

        2. THE DIRECTOR OF SOCIAL WELFARE
           DIRECTORATE OF SOCIAL WELFARE, VIKAS BHAVAN
           THIRUVANANTHAPURAM - 695 001.

        3. CHILD DEVELOPMENT PROJECT OFFICER,
           ICDS KANNUR RURAL PROJECT, PALLIKUNNU.P.O
           KANNUR - 670 004.

        4. UNION OF INDIA, REPRESENTED BY THE
           SECRETARY TO THE GOVERNMENT OF INDIA
           MINISTRY OF WOMEN AND CHILD DEVELOPMENT
           SASTHRI BHAVAN, NEW DELHI - 110 001.

           R,R4 BY ADV. SRI.P.PARAMESWARAN NAIR,ASG OF INDIA
           R4 BY ADV. SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL
           R BY GOVERNMENT PLEADER SRI. M.A. FAYAZ

           THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
           ON 23-02-2016, ALONG WITH W.P.(C) NOS.13019/11 & 13020/11,THE
         COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 13013 of 2011 (B)
--------------------------------------

                                           APPENDIX

PETITIONERS EXHIBITS:

EXT.P1             COPY OF THE INTERIM OFRDER RENDERED BY THE DIVISION
                   BENCH OF THIS COURT IN W.A NO.1528/2010 DATED 29.9.10

EXT.P2             COPY OF THE GOVT. OF INDIA ORDER BEARING NUMBER F.NO.1-
                   14/2006/CD-1 DATED 28.5.07, ISSUED BY THE MINISTRY OF WOMAN
                   AND CHILD DEVELOPMENT.

EXT.P3             COPY OF THE INTERIM ORDER DATED 15.10.09 IN WP(C)
                   NO.25614/2009(V)

EXT.P4             COPY OF THE REPRESENTATION DATED 23.4.11

EXT.P5             COPY OF THE INTERIM ORDER DATED 29.4.11 IN WPC NO.12714 OF
                   2011




RESPONDENTS EXHIBITS:                   NIL

                                        // TRUE COPY //

                                         P.A TO JUDGE

SB



                    K. VINOD CHANDRAN, J.
                =====================
                W.P.(C) No.13013 of 2011 - B,
                       13019 of 2011 - B
                      and 13020 of 2011 - B
               ======================
           Dated this the 23rd day of February, 2016

                        J U D G M E N T

The petitioners had sought for continuance in service after retirement. There was an interim order dated 16.07.2011, in which the petitioners were directed to be continued. The writ petition was filed on the basis of Exhibit P1 order in W.A.No.1528 of 2010 and connected cases. Exhibit P1 order directed that selection process for regular appointment should be expedited and on the regular hands joining duty, the retired hands who are continuing on contract basis would be terminated. In such circumstances, nothing further remains to be done in the above writ petitions and there is already a judgment in W.P.(C) No.25614 of 2009 and connected cases, dated 24.07.2015, 2 W.P.(C) No.13013 of 2011 - B, 13019 of 2011 - B and 13020 of 2011 - B directing preparation of a new list for regularisation of Anganwadi Workers. The learned Government Pleader submits that the same has been prepared and it is pending approval by the Government. In such circumstances, the petitioners' continuance shall only be till a regular hand is appointed and the interim order stands modified to that extent.

The writ petition is disposed of with the above observation. No costs.

Sd/-

K. VINOD CHANDRAN, JUDGE SB/23/02/2016 // true copy // P.A to Judge.