Karnataka High Court
Smt. Kanyakumari W/O Late Ramachandra ... vs The State Of Karnataka And Ors on 29 March, 2022
Author: Jyoti Mulimani
Bench: Jyoti Mulimani
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 29 TH DAY OF MARCH, 2022
BEFORE
THE HON'BLE MS. JUSTICE JYOTI MULIMANI
WRIT PETITION NO.200803 OF 2022 (S-RES)
BETWEEN:
SMT.KANYAKUMARI
W/O LATE RAMACHANDRA DHULE,
AGED ABOUT 31 YEARS,
OCC:HOUSEHOLD WORK,
R/O BANNIHATTI VILLAGE,
POST:GORNAL, TQ:INDI,
DIST:VIJAYPUR - 586 215. ... PETITIONER
(BY SRI S.S.MAMDAPUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REP. BY ITS PRINCIPAL SECRETARY,
DEPARTMENT OF WOMAN,
CHILDREN WELFARE AND DISABLED
AND SENIOR CITIZEN EMPOWERMENT,
M.S.BUILDING, BANGALORE - 01.
2. THE DEPUTY COMMISSIONER,
VIJAYAPUR - 586 101.
3. THE CHIEF EXECUTIVE OFFICER,
ZILLA PANCHAYAT, VIJAYPUR,
KANAKADASA BADAVANE,
MANAGULI ROAD, VIJAYPUR - 586 101.
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4. THE DEPUTY DIRECTOR,
DEPARTMENT OF WOMAN AND CHILD WELFARE,
VIJAYPUR - 586 101.
5. THE CHILD DEVELOPMENT OFFICER,
INDI, DIST:VIJAYPUR - 586 215.
6. THE EXECUTIVE OFFICER,
TALUKA PANCHAYAT, INDI,
DIST: VIJAYPUR - 586 215. ... RESPONDENTS
(BY SRI.VIRANAGOUDA M. BIRADAR, AGA
FOR R1, R2 & R4;
SMT.RATNA N.SHIVAYOGIMATH, ADVOCATE
FOR R3, R5 & R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING
CERTAIN RELIEFS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri.S.S.Mamadapur, learned counsel for petitioner, Sri.Viranagouda M.Biradar, learned Additional Government Advocate for respondents 1, 2 and 4 and Smt.Ratna N.Shivayogimath, learned counsel for respondents 3, 5 and 6, have appeared in-person.
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2. Though the matter is listed for preliminary hearing, with the consent of learned counsel appearing for the parties, it is heard finally and disposed of.
3. The facts are briefly stated as under:-
It is the case of the petitioner that she is the legally wedded wife of Late Ramachandra Dhule and he is a permanent resident of Bannihatti village, Gornal Post, Indi Taluk. It is stated that the husband of the petitioner - Sri.Ramachandra Dhule died on 13.09.2015.
It is also stated that the mother-in-law of the petitioner - Smt.Nirmala Kapse who was serving as Anganwadi Worker at Bannihatti Centre died on 10.11.2021 and she also served as Anganwadi Worker in the aforesaid Centre for several years and died in harness.
It is averred that the Chief Executive Officer, Zilla Panchayat, Vijaypur - the third respondent issued a notification on 05.02.2022 for appointing 6 Anganwadi Workers and 27 Anganwadi Helpers at various Centres in 4 Indi Taluk including Bannihatti Centre where the deceased
- mother-in-law of the petitioner was serving as Anganwadi Worker. Pursuant to such notification, the Child Development Officer - respondent No.5 addressed a letter dated 05.02.2022 to the Tahsildar, Indi to publish / advertise such notification for filing the post of Anganwadi Worker / Helper.
It is also stated that Government of Karnataka - respondent No.1 vide ¸ÀPÁðgÀzÀ DzÉñÀ ¸ÀASÉå: ªÀĪÀÄE 190 L¹r 2021, ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 05-03-2022 (Annexure-'E') passed an order to the effect that unmarried / married / divorced daughter and in their absence the daughter-in-law of deceased Anganwadi Worker / helper are entitled for appointment as Anganwadi Worker / Helper on Compassionate grounds. Pursuant to the Government Order at Annexure-E, petitioner submitted the representation on 09.03.2022 to the Child Development Officer - respondent No.5 and requested for her appointment on compassionate ground as Anganwadi 5 Worker at Bannihatti Centre. But Child Development Officer - respondent No.5 did not take any action in the matter and has not considered the representation of the petitioner. The petitioner submitted representation on 09.03.2022 to the Deputy Commissioner - respondent No.2, the Chief Executive Officer - respondent No.3, the Deputy Director - respondent No.4 and the Child Development Officer - respondent No.5, and requested for her appointment on compassionate grounds as Anganwadi Worker, but so far the same is not yet considered by the respondents. Hence, she has approached this Court seeking writ of mandamus directing respondents 2 to 5 to consider the representations and pass suitable orders thereon.
4. Sri.S.S.Mamadapur, learned counsel for petitioner submits that though the representations are made to the Authorities concerned, but there is no reply. Hence, he strenuously urged that appropriate direction may be issued to consider the same at the earliest. 6
5. Learned Additional Government Advocate and Smt.Ratna N.Shivayogimath, learned counsel submits that representations will be considered in pursuance of the Government Order dated 05.03.2022. Accordingly, they submitted that appropriate order may be passed.
6. Heard the learned counsel appearing on behalf of parties and perused the writ papers.
Taking note of the submission, this Court deem it appropriate to direct the respondents 2 to 5 to consider the representations submitted by the petitioner and pass suitable orders thereon within a period of three months from the date of receipt of a certified copy of this order.
It is made clear that till the order is passed on the petitioner's representation is concerned, respondents 2 to 5 are hereby directed not to appoint anybody as Anganwadi Worker insofar as Bannihatti Centre is concerned.
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7. With these observations, the writ petition is disposed of.
Sd/-
JUDGE VMB