Karnataka High Court
Smt S B Jayamma vs Union Of India on 14 March, 2013
Author: H N Nagamohan Das
Bench: H.N.Nagamohan Das
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 14TH DAY OF MARCH, 2013
BEFORE
THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS
WRIT PETITION NO.11246/2013 (S-RES)
C/W
WRIT PETITION NO.11247/2013 (S-RES)
C/W
WRIT PETITION NO.11248/2013 (S-DIS)
IN WP NO.11246/2013
BETWEEN
SMT. S.B.JAYAMMA,
W/O CHANDRASHEKHAR,
AGED ABOUT 45 YEARS,
WORKING AS ANGANAWADI TEACHER,
SALTHODI SAVANTHUR
ANGANAWADI CENTRE,
MUMBARU POST-577410,
HOSANAGARA TALUK,
SHIMOGA DISTRICT.
... PETITIONER
(BY SRI. GANAPATHI, ADVOCATE)
AND
1. UNION OF INDIA,
MINISTRY OF WOMEN AND CHILD
DEVELOPMENT DEPARTMENT,
ROOM NO.606, SHASHTRI BHAVAN,
2
'A' WING, 6TH FLOOR,
NEW DELHI-110 001,
REPRESENTED BY ITS SECRETARY.
2. THE STATE OF KARNATAKA,
BY ITS PRINCIPAL SECRETARY,
WOMEN AND CHILD DEVELOPMENT
DEPARTMENT,
(PHYSICALLY HANDICAPPED
AND SENIOR CITIZENS
EMPOWER DEPARTMENT),
M.S. BUILDING,
BANGALORE 560 001.
3. THE DIRECTOR,
WOMEN AND CHILD DEVELOPMENT
DEPARTMENT,
1ST FLOOR, M.S. BUILDING,
BANGALORE - 560 001.
4. THE DEPUTY DIRECTOR,
WOMEN AND CHILD DEVELOPMENT
DEPARTMENT,
SHIMOGA DISTRICT,
OFFICE: 1ST FLOOR,
KANDAYA BAHAVAN,
RAJENDRA NAGAR,
SHIMOGA - 577201.
5. THE CHILD DEVELOPMENT
PLANNING OFFICE,
HOSANAGARA TALUK,
OFFICE OLD SAGAR ROAD,
HOSANAGARA - 577418.
... RESPONDENTS
(BY SRI. RAGHAVENDRA. G. GAYATHRI, HCGP)
3
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO
QUASH THE GOVT. ORDER DT.12.10.12, UNDER
ANN-E, ISSUED BY THE R2, & ORDER DT.21.12.12,
UNDER ANN-H ISSUED BY THE R4, CONSEQUENTLY
DIRECT THE R4, REINSTATEMENT IN TO THE SERVICE
WITH ALL CONSQUENTIAL BENEFITS.
IN WP NO.11247/2013
BETWEEN
S.T.KAVITHA,
W/O N.Y. SHANKARAPPA GOWDA,
AGED ABOUT 43 YEARS,
WORKING AS ANGANAWADI WORKER,
KEELANDURU MINI
ANGANAWADI CENTRE,
R/A MUNDALLI KEELUNDUR,
NILSAKAL POST,
HOSANAGARA TALUK,
SHIMOGA DISTRICT-577 412.
... PETITIONER
(BY SRI. GANAPATHI, ADVOCATE)
AND:
1. UNION OF INDIA,
MINISTRY OF WOMEN AND CHILD
DEVELOPMENT DEPARTMENT,
ROOM NO.606, SHASHTRI BHAVAN,
A WING, 6TH FLOOR,
NEW DELHI-110 001,
REPRESENTED BY ITS SECRETARY.
4
2. THE STATE OF KARNATAKA,
BY ITS PRINCIPAL SECRETARY,
WOMEN AND CHILD DEVELOPMENT
DEPARTMENT,
(PHYSICALLY HANDICAPPED
AND SENIOR CITIZENS
EMPOWER DEPARTMENT),
M.S. BUILDING,
BANGALORE-560 001.
3. THE DIRECTOR,
WOMEN AND CHILD DEVELOPMENT
DEPARTMENT,
1ST FLOOR, M.S. BUILDING,
BANGALORE - 560001.
4. THE DEPUTY DIRECTOR,
WOMEN AND CHILD DEVELOPMENT
DEPARTMENT,
SHIMOGA DISTRICT,
OFFICE: 1ST FLOOR,
KANDAYA BAHAVAN,
RAJENDRA NAGAR,
SHIMOGA 577201.
5. THE CHILD DEVELOPMENT
PLANNING OFFICE,
HOSANAGARA TALUK,
OFFICE OLD SAGAR ROAD,
HOSANAGARA-577418.
... RESPONDENTS
(BY SRI. RAGHAVENDRA. G. GAYATHRI, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO
5
QUASH THE GO DATED 12.10.12 UNDER ANNX-E
ISSUED BY THE R2 AND ORDER DATED 21.12.12
UNDER ANNX-H ISSUED BY R4, CONSEQUENTLY
DIRECT THE R4 REINSTATEMENT INTO THE SERVICE
WITH ALL CONSEQUENTIAL BENEFITS.
IN WP NO.11248/2013
BETWEEN
T.R.PARAMEELA,
W/O T.C.JAYAPPA,
AGED ABOUT 47 YEARS,
WORKING AS
ANGANAWADI TEACHER,
KOMMANALU ANGANAWADI
CENTRE-2, KOMMANALU
VILLAGE AND POST-577204,
SHIMOGA TALUK,
SHIMOGA DISTRICT.
... PETITIONER
(BY SRI. GANAPATHI, ADVOCATE)
AND
1. UNION OF INDIA,
MINISTRY OF WOMEN AND CHILD
DEVELOPMENT DEPARTMENT,
ROOM NO.606, SHASHTRI BHAVAN,
A WING, 6TH FLOOR,
NEW DELHI-100001,
REPRESENTED BY ITS SECRETARY.
2. THE STATE OF KARNATAKA,
BY ITS PRINCIPAL SECRETARY,
WOMEN AND CHILD DEVELOPMENT
6
DEPARTMENT,
(PHYSICALLY HANDICAPPED
AND SENIOR CITIZENS
EMPOWER DEPARTMENT),
M.S. BUILDING,
BANGALORE-560001.
3. THE DIRECTOR,
WOMEN AND CHILD DEVELOPMENT
DEPARTMENT,
1ST FLOOR, M.S. BUILDING,
BANGALORE - 560001.
4. THE DEPUTY DIRECTOR,
WOMEN AND CHILD DEVELOPMENT
DEPARTMENT,
SHIMOGA DISTRICT,
OFFICE: 1ST FLOOR,
KANDAYA BAHAVAN,
RAJENDRA NAGAR,
SHIMOGA-577201.
5. THE CHILD DEVELOPMENT
PLANNING OFFICER,
SHIMOGA TALUK,
OFFICE MURTHY PARADISE,
2ND FLOOR, 60 FEET MAIN ROAD,
VINOBHA NAGAR,
SHIMOGA - 577 201.
... RESPONDENTS
(BY SRI. RAGHAVENDRA. G. GAYATHRI, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO
QUASH THE GOVT. ORDER DT.12.10.12, UNDER
ANN-E, ISSUED BY THE R2, & ORDER DT.21.12.12
7
UNDER ANN-H ISSUED BY THE R4, CONSEQUENTLY
DIRECT THE R4, REINSTATEMENT IN THE SERVICE
WITH ALL CONSEQUENTIAL BENEFITS.
THESE WRIT PETITIONS ARE COMING ON FOR
PRELIMINARY HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
Sri. Raghavendra. G. Gayathri, learned Government Pleader is directed to take notice for respondent Nos.2 to 5.
2. In these writ petitions, the petitioners have called in question the Government order dated 12.10.2012 (Annexure-E) and the dismissal order dated 21.12.2012 (Annexure-H).
3. It is not in dispute that the petitioners are working as Anganawadi workers and also as elected representatives of the Grama Panchayath.
4. Learned Single Judge of this Court in WP No.63085/2011 vide order dated 03.06.2011 and the 8 Divisional Bench in WA No.6464/2011 vide order dated 13.02.2012 held that a candidate is not entitled to continue both as Anganawadi worker and elected members of the Grama Panchayath. Based on these judgments, the respondent-Government issued the impugned order (Annexure-E) dated 12.10.2012 directing the concerned Authorities to take action in the matter. Accordingly, the petitioners were given an option neither to continue as elected members of the Grama Panchayath or to continue as Anganawadi workers. Since, the petitioners have failed to exercise the option, the impugned order came to be passed dismissing the petitioners as Aganawadi workers.
5. The impugned orders are in accordance with law declared by this Court. I find no justifiable ground to interfere with the impugned orders.
6. Accordingly, the writ petitions are hereby dismissed.
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Three weeks time is granted to file memo of appearance.
Sd/-
JUDGE VM