Kerala High Court
Geethakumari vs The District Social Justice Officer on 14 October, 2016
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
FRIDAY, THE 10TH DAY OF MARCH 2017/19TH PHALGUNA, 1938
WP(C).No. 40710 of 2016 (K)
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PETITIONER(S) :
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GEETHAKUMARI,
AGED 45 YEARS, W/O. DILEEPKUMAR, MADAVAPURATH HOUSE,
KARUVATTA.P.O., ALAPPUZHA DISTRICT.
BY ADV. SRI.V.VIJULAL
RESPONDENT(S) :
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1. THE DISTRICT SOCIAL JUSTICE OFFICER,
I.C.D.S. DISTRICT OFFICE, KOTTARAM PALAM.P.O.,
ALAPPUZHA DISTRICT-690 517.
2. THE CHILD DEVELOPMENT PROJECT OFFICER,
HARIPAD, ALAPPUZHA DISTRICT-690 514.
3. THE PROGRAMME OFFICER,
DISTRICT LEVEL I.C.D.S., CELL, ALAPPUZHA DISTRICT-688 011.
4. THE DIRECTOR, I.C.D.S.,
POOJAPPURA, THIRUVANANTHAPURAM-695 012.
5. THE SECRETARY,
SOCIAL JUSTICE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
6. K.USHA, W/O VENU, SREE SREE NIVAS HOUSE,
KARUVATTA.P.O., ALAPPUZHA DISTRICT-690 517.
R1 TO R5 BY GOVERNMENT PLEADER SRI. B.UNNIKRISHNA KAIMAL
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 10-03-2017, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
Msd.
WP(C).No. 40710 of 2016 (K)
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APPENDIX
PETITIONER(S)' EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE SENIORITY LIST OF ANGANWADI WORKERS
PUBLISHED IN 2010.
EXHIBIT P2 TRUE COPY OF THE SENIORITY LIST OF ANGANWADI WORKERS
AS ON 31-10-2010.
EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER BEFORE THE 1ST RESPONDENT
DATED 14-10-2016.
EXHIBIT P4 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE 2ND RESPONDENT DATED 07-09-2016.
EXHIBIT P5 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE 2ND RESPONDENT DATED 27-01-2016.
EXHIBIT P6 TRUE COPY OF THE CERTIFICATE ISSUED BY
THE 2ND RESPONDENT DATED 07-09-2012.
EXHIBIT P7 TRUE COPY OF THE G.O.(RT)NO. 35/06/ SOCIAL WELFARE
DEPARTMENT DATED 11.10.2006.
EXHIBIT P8 TRUE COPY OF THE G.O.(RT)NO. 42/2007/SOCIAL WELFARE
DEPARTMENT DATED 06.01.2007.
RESPONDENT(S)' EXHIBITS :
EXHIBIT R2(A): TRUE COPY OF THE GOVERNMENT ORDER NO. 35/2006
DATED 11.10.2006.
EXHIBIT R2(B): TRUE COPY OF THE GOVERNMENT ORDER NO. 02/2007
DATED 06.01.2007.
EXHIBIT R2(C): TRUE COPY OF THE G.O(MS)NO. 79/2010 DATED 10.11.2010.
EXHIBIT R2(D): TRUE COPY OF THE LETTER NO. ICDS B4-23176/12
DATED 01.01.2016.
//TRUE COPY//
P.A.TO JUDGE.
Msd.
P.V.ASHA J.
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W.P.(C).No.40710 of 2016
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Dated this the 10th day of March, 2017
J U D G M E N T
The petitioner who was working as Anganwadi worker in Anganwadi Centre No.56 of Karuvatta Grama Panchayath and included in Ext.P2 seniority list of Anganwadi workers published on 31.10.2010, filed this writ petition seeking a direction to appoint her as Anganwadi worker permanently. In the seniority list Ext.P2 petitioner is Rank No.5. As per Ext.P1 seniority list for the period from 2007-2010, she is Rank No.2. Pointing out that there are 2 vacancies, petitioner claims for appointment.
2. The second respondent has filed a counter affidavit stating that one Smt.K.Ushakumari is the 6th respondent in this writ petition and who had temporarily worked in Anganwadi Centre of Karuvatta Grama Panchayath has filed an appeal before the second respondent. It is stated that a report has been called for from the Child Development Project Officer and W.P.(C).No.40710 of 2016 2 the said appeal, which was pending consideration.
In the above circumstances, I dispose of the writ petition directing the second respondent to consider and pass orders on the appeal submitted by the 6th respondent, after affording an opportunity of hearing to the petitioner and the 6th respondent within a period of 'six weeks' from the date of receipt of copy of this judgment.
Sd/-
P.V.ASHA, JUDGE.
AS