IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 27TH MAY 2009 / 6TH JYAISHTA 1931 WP(C).No. 1791 of 2007(L) ------------------------------------- PETITIONERS: --------------------- 1. P.K.SUJATHA, W/O.C.K.KUNHIKRISHNAN, SRAVANAM, VAYAKARA, PADIOTCHAL P.O., KANNUR. 2. LEELA.A.V., W/O.BALAKRISHNAN, P.O.PERINGOME, KANNUR. BY ADV. MR.C.MURALIKRISHNAN (PAYYANUR). RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF SOCIAL WELFARE, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DEPARTMENT OF SOCIAL WELFARE, THIRUVANANTHAPURAM. 3. THE DISTRICT SOCIAL WELFARE OFFICER, KANNUR DIST. 4. THE CHILD DEVELOPMENT PROJECT OFFICER, PAYYANNUR. R1 TO R4 BY GOVERNMENT PLEADER SMT. N. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/05/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1791/2007: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE GOVERNMENT ORDER G.O.(MS).NO.19/91/SWD DTD. 14/10/1991. EXT.P.2: COPY OF THE NOTIFICATION DTD. 05/05/2005 PUBLISHED IN MATHRUBHOOMI DAILY. EXT.P.3: COPY OF THE SELECT LIST/RANK LIST OF ANGANWADY WORKERS OF PERINGOME, VAYAKARA PANCHAYATH. EXT.P.4: COPY OF THE GOVERNMENT ORDER NO. 35/2006/SWD DTD. 11/10/2006. EXT.P.5: COPY OF THE ORDER NO. 11086/B1/2006/SWD DTD. 13/10/2006. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 1791 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 27th May, 2009. J U D G M E N T Pursuant to the notification inviting applications for selection as Anganwadi workers, the petitioners applied. Ext. P3 select list was drawn up, in which the petitioners were ranked as nos. 7 and 9. That select list came into force on 11-1-2006 and its period of validity was three years. The petitioners approached this Court on 15-1-2007 complaining that in spite of availability of vacancies, the petitioners have not been appointed. At the same time, by Ext. P4 order dated 11-10-2006, the Government ordered regularisation of temporary Anganwadi workers. It is under the above circumstances, the petitioners have approached this Court seeking the following reliefs: “(a) Issue a writ of certiorari or any other appropriate writ, order or direction quashing Exhibits P4 and P5 Government Orders in so far as the same restricts or denies the appointment of persons from Exhibit P3 rank list, including the petitioners and provides for engagement and regularisation of temporary workers; (b) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to fill the vacancies in Anganwadies in Peringome Vayakara Panchayat from Exhibit P3 select list; (c) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to appoint the petitioners to regular vacancies which arose in Anganwadies in Peringome Vayakara Panchayat.” 2. The 1st respondent has filed a counter affidavit in which, in paragraph 3, it is stated thus: “3. The selection list of Anganwadi workers and Helpers of ICDS Projeoct, Payyannur was prepared on the basis of G.O.(MS) No. 19/91/SWD dated 14-10-1991. The petitioners were assigned with rank number 7 and 9 respectively in the select list of workers of Peringome Vayakkara Grama Panchayat under ICDS Project, Payyannur which was published in January, 2006. On the basis of W.P.C. No. 1791/2007. -: 2 :- the Community Rotation Procedure, the first the petitioner Sujatha will come in the ninth turn in the open category for appointment. At the time of publication of select list, there were only 7 vacancies in the said Panchayat of Peringome Vayakkara and 7 persons were got regular appointment from the select list. The 8th turn in the select list will be given to a Latin Catholic candidate as per the Communal Rotation procedure. Due to the absence of Latin Catholic candidate in the selection list, the next rotation will go to the 2nd petitioner Smt. Leela A.V (ie. OBC). If the vacancy is filled from the select list, the next turn will go to the 2nd petitioner.” However, they would submit that while disposing of various petitions of temporary Anganwadi workers/Helpers as directed in W.P(C) No. 7378/2005 and connected cases, this Court had directed the Government to take a decision on the regularisation of Anganwadi workers and Helpers within four months. It is pursuant thereto, Ext. P4 order has been passed for regularisation of Anganwadi workers who have put in one year service, which was followed up with Ext. P5. They would therefore support their action. 3. I have considered the rival contentions in detail. 4. It is not stated in the counter affidavit that the temporary Anganwadi workers/Helpers whose services have been directed to be regularised, have been selected as temporary workers after a selection procedure known to law. As between persons who have been selected after undergoing a selection procedure and persons who have not undergone a selection procedure, the claim of the persons who have undergone a selection procedure has to prevail. The list came into force on 11-1-2006 and is to be in force for a period of three years. Ext. P4 order has been passed subsequent to coming into force of the list. That being so, I am of opinion that if permanent vacancies for accommodating them have arisen prior to 11-1-2009 as per their rank in the list, they have to be so appointed in preference to the persons whose appointments have been regularised W.P.C. No. 1791/2007. -: 3 :- as per Exts.P4 and P5 orders. Accordingly, the writ petition is disposed of with the following directions: If, going by communal rotation or otherwise, the petitioners have become entitled for appointment from Ext. P3 list but for Exts.P4 and P5 orders, they shall be given appointment in preference to those persons who have been directed to be regularised as per Exts.P4 and 5 orders. Their seniority shall also be regulated ahead of those whose appointments were regularised as per Exts.P4 and P5. Orders in this regard shall be passed as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/