Karnataka High Court
Smt.Sakinabegum D/O Mahammadsab ... vs The State Of Karnataka on 7 December, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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WP No. 115029 of 2019
IN THE HIGH COURT OF KARNATAKA, DHARWAD
BENCH
DATED THIS THE 7TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT
CHANDANGOUDAR
WRIT PETITION NO. 115029 OF 2019 (S-TR)
BETWEEN:
SMT.SAKINABEGUM D/O MAHAMMADSAB KAMMAR
W/O SHRI.BASHIRUDDIN KHAZI,
AGE: 28 YEARS,
OCC: ANGANWADI WORKER,
BAHADDURBANDI ANGANWADI CENTRE,
TQ/DIST: KOPPAL-582114.
...PETITIONER
(BY SRI. A S PATIL AND SRI. SABEEL AHMED,
ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS THE SECRETARY,
TO THE DEPARTMENT OF WOMEN AND
CHILD WELFARE DEVELOPMENT,
M.S. BUILDING,
BENGALURU-560001.
2. THE DEPUTY COMMISSIONER
KOPPAL DISTRICT,
KOPPAL-582114.
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WP No. 115029 of 2019
3. THE DEPUTY DIRECTOR
WOMOEN AND CHILD WELFARE DEVELOPMENT
DEPARTMENT,
KOPPAL DISTRICT,
KOPPAL-582114.
4. THE CHILD DEVELOPMENT PROJECT OFFICER
(CDPO), KOPPAL TALUK,
DIST: KOPPAL-582114.
5. THE CHILD DEVELOPMENT PROJECT OFFICER
(CDPO), YALABURGA TLAUK,
YALABURGA,
DIST: KOPPAL-5892114.
...RESPONDENTS
(BY SRI. V.S.KALASURMATH, HCGP)
THIS WP IS FILED PRAYING TO:- ISSUE WRIT OF
MANDAMUS OR ANY OTHER ORDER OR DIRECTGION
DIRECTING THE RESPONDENTS NO.2 TO 4 TO PASS
APPROPRIATE ORDER TRANSFERRING THE PETITIONER
FROM BAHADDURBANDI ANGANWADI CENTRE OF KOPPAL
TALUKA EITHER TO THE ANGANWADI CENTRE OF
KADRALLI VILLAGE OF YALABVURGA TALUKA OR TO ANY
ANGANWADI CENTRE NEARBY TO MANGALURU VILLAGE
OF YALABURGA TALUKA.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 115029 of 2019
ORDER
Petitioner prior to her marriage was appointed as Anganwadi worker in the Bahaddurbandi village, Anganwadi Centre of Koppal Taluk on 26.11.2012, and thereafter her marriage was solemnized on 10.05.2015. The petitioner submitted a representation with the respondent Nos.3 and 5 to transfer her services from the present Anganwadi Centre to Anganwadi Centre at Kadralli village, Yelburga Taluk or to any other Anganwadi Centre near by Mangaluru village of Yelburga Taluka. The petitioner's grievance is that the said representation has not been considered.
2. Learned counsel appearing for the petitioner submits that the guidelines dated 18.08.2018 provides for transferring the services of Anganwadi worker in the place of residence of husband of the Anganwadi worker. Hence he submits that the respondent Nos.3 and 4 are under an obligation to consider the representation submitted by the petitioner.
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3. Learned HCGP appearing for the respondent- State submits that the representation for the petitioner cannot be considered in the absence of any vacancy to the post of Anganwadi workers in the Centre to which the petitioner is claiming her transfer and also the request of the petitioner can be considered only after giving preference to Aganwadi worker seeking promotion to the post of Anganwadi Assistance.
4. Learned HCGP having submitted that there are no vacancies available so as to accede to the request of the petitioner, it would be appropriate to reserve liberty to the petitioner to submit a representation afresh with respondent concerned to transfer her services to the vacant post in Anganwadi Centre within the radius of 3 K.M. from the place of her husband's residence. If such a representation is submitted, the respondent concerned to consider the same in the light of the guidelines dated 18.08.2018 issued in the matter of transfer of Anganwadi -5- WP No. 115029 of 2019 workers as and when the vacancy arises in the Anganwadi Centre to which the petitioner in seeking transfer.
Sd/-
JUDGE AC List No.: 2 Sl No.: 9