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Kerala High Court

Esther B.S vs State Of Kerala on 29 May, 2007

       

  

  

 
 
                        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT:

                     THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN

              WEDNESDAY, THE 15TH DAY OF FEBRUARY 2012/26TH MAGHA 1933

                                 WP(C).No. 3842 of 2012 (E)
                                     --------------------------

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

             ESTHER B.S,
             WORKER, ANGANWADI NO. 74, NEMON BLOCK,
             CHARUVILA VEEDU, PALAPPURRU ,VELLAYANI P.O.,
             THIRUVANANTHAPURAM DISTRICT.

             BY ADVS.SRI.D.KISHORE
                      SMT.MINI GOPINATH

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

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

          2. THE STATE DIRECTOR
              INTEGRATED CHILD DEVELOPMENT SCHEME
              (ICDS) THIRUVANANTHAPURAM-695 001.

          3. THE DISTRICT PROJECT OFFICER,
              INTEGRATED CHILD DEVELOPMENT SCHEME (ICDS) PROJECT,
              THIRUVANANTHAPURAM-695 001.

          4. THE BLOCH PROJECT OFFICER,
              INTEGRATED CHILD DEVELOPMENT SCHEME,
              (ICDS) PROJECT OFFICE, NEMOM,
              THIRUVANANTHAPURAM-695 020.

          5. THE SELECTION COMMITTEE,
              CONSTITUTED FOR THE SELECTION
              OF WORKERS/HELPERS IN ANGANWADIS
              UNDER NEMOM INTEGRATED CHILD DEVELOPMENT SCHEME,
              (ICDS) PROJECT, REPRESENTED BY ITS CHAIRMAN
              BLOCK PROJECT OFFICE, NEMOM (ICDS),
              THIRUVANANTHAPURAM-695 020.

          6. THE NEMOM BLOCK PANCHAYAT,
              REPRESENTED BY ITS SECRETARY, NEMOM P.O.
              THIRUVANANTHAPURAM-695 020.

             BY SENIOR GOVERNMENT PLEADER C.K. SHERIN

            THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
           15-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

NS

WP(C).No. 3842 of 2012

                                 APPENDIX



PETITIONER(S) EXHIBITS :

 EXHIBIT P1: COPY OF THE PROCEEDINGS NO. A2 1227/06 DATED 29.5.2007 OF
              THE 4TH RESPONDENT.

EXHIBIT P2: COPY OF THE REPRESENTATION DATED 4.12.2011 SUBMITTED BY THE
             PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P3: COPY OF THE JUDGMENT DATED 14.12.2011 IN W.P.(C)3382 OF 2011 OF
            THIS HONOURABLE COURT.




RESPONDENTS' EXHIBITS : NIL




                                           / TRUE COPY /



                                           P.A. TO JUDGE




NS



                       K.SURENDRA MOHAN, J.
                       ------------------------
                       W.P(C). NO.3842 OF 2012
                       ------------------------

           Dated this the 9th    day of February, 2012

                             JUDGMENT

The petitioner is working as a helper in the Anganwadi operated and maintained by the 5th respondent under the Integrated Child Development Scheme (ICDS for short) of the first respondent. The petitioner was being engaged for periods of three months each with breaks in between, from 10/3/1999 onwards till 8/4/2005. Thereafter, the petitioner was engaged on 24/8/2011 and is still continuing in service. The project is still continuing and the petitioner contends that she is entitled to be retained till the completion of the project. The petitioner has set out her grievance in Ext.P2 representation which is pending before the first respondent. The petitioner seeks the issue of appropriate directions to consider and dispose of Ext.P2.

2. I have heard the learned Government Pleader also.

3. In view of the limited relief that is sought, I am satisfied that this writ petition can be disposed of at the admission stage W.P.(C) No. 3842 /2012 2 itself granting the said relief.

4. This writ Petition is, accordingly, disposed of directing the first respondent to consider the representation submitted by the petitioner, evidenced herein by Ext.P2, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of one month from the date of receipt of a copy of this judgment.

Until final orders are passed on Ext.P2 in accordance with the above direction, the petitioner shall not be disengaged.

Sd/-

K.SURENDRA MOHAN, JUDGE dpk /True copy/ P. A to Judge.

W.P.(C) No. 3842 /2012 3 K.SURENDRA MOHAN, JUDGE dpk W.P.(C) No. 3842 /2012 4