IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD PRESENT THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.9857 OF 2011 Date:13-04-2011 Between:- Thoyaka Varalakshmi .. Petitioner And The Government of Andhra Pradesh, rep.by its Secretary, Women Development, Child Welfare and Disabled Welfare (ICDS) Department, Secretariat, Hyderabad and others. .. Respondents ORDER:- This Writ Petition is filed to issue a writ of mandamus declaring the action of the respondents in not promoting the petitioner to the post of Anganwadi Worker though she is eligible and has all the necessary qualifications as per G.O.Ms.No.21, WD, CW & DW (ICDS) Department, dated 24.08.2007, and Circular Memo No.773/K3/2008, dated 22.11.2008, as arbitrary and illegal and consequently, to direct the respondent authorities to promote the petitioner to the post of Anganwadi Worker in the existing vacancy at Kurupam. 2. The brief facts that are necessary for the disposal of the present writ petition are as follows: The petitioner was appointed as an Anganwadi Helper vide appointment letter, dated 13.12.2006, in Sivannapeta Anganwadi, Kunupam Village and Mandal, Vizianagaram District, and that she was performing her duties without there being any complaint. As per the Government Order and the Circular mentioned supra, eligible Anganwadi Helper should be considered for promotion to the post of Anganwadi Worker, if there is a clear vacancy in the same village. When 29 vacancies of the post of Anganwadi Workers arose in Vizianagaram District, the respondents have filled up 27 vacancies by promoting eligible Anganwadi Helpers to the posts of Anganwadi Workers and two posts have been kept vacant by the respondents. Therefore, she prays to consider her case and promote her as Anganwadi Worker. Hence, the writ petition. 3. Heard both sides. 4. Although an employee has no right to be promoted, he has a right to be considered for promotion. This right to be considered for promotion is one of the “Matters relating to employment or appointment” within the meaning of Article 16(1) of the Constitution of India. The condition relating to promotion and matters connected therewith are ordinarily governed by the terms of the contract of service or salutatory provisions or rules or executive instructions. 5. The qualifications for the post of Anganwadi Helper and Anganwadi Worker are different. The petitioner is fully qualified for the post of Anganwadi Helper. If she fulfills the qualifications for the post of Anganwadi Worker, her case has to be considered, of course, subject to availability of post and the rules governing the service conditions of petitioner. Therefore, for this purpose, a proper decision has to be taken by the respondents in accordance with law. 6. The writ petition is disposed of directing the respondents to consider the case of petitioner for giving promotion as Anganwadi Worker, provided she fulfills the qualifications as per G.O.Ms.No.21, WD, CW & DW (ICDS) Department, dated 24.08.2007 and also subject to availability of the vacancy in Sivannapeta, Kurupam Village and Mandal. There shall be no order as to costs. _​_____________________ JUSTICE K.C.BHANU 13th April, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU W.P.No.9857 OF 2011 Date:13-04-2011 AMD