THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.16058 OF 2011 ORDER: This Writ Petition is filed to declare the action of the second respondent in issuing proceedings No.A/120/2011, dated 09.06.2011, as arbitrary and illegal, and consequently direct the respondents to continue the petitioner as Anganwadi Worker of Kandlapally Mandal, Anganwadi Centre, Sarangapur Mandal, Karimnagar District, and grant her all consequential benefits. 2. The brief facts that are necessary for disposal of the present writ petition may be stated as follows: In pursuance of the notification issued in the year 2006 inviting applications for the post of Anganwadi Workers and Helpers at ICDS Project, Jagtial, Karimnagar District, the petitioner herein applied for the said post with all necessary certificates. After completion of due selection process, she was appointed as Anganwadi Worker on 07.03.2007 along with others and since then she has been working as Anganwadi Worker. While so, without giving any notice or opportunity or without conducting any enquiry, the second respondent issued termination order, dated 09.06.2011, stating that a fresh notification would be given for filling up the vacancy. The grievance of the petitioner is that keeping quiet for more than four years and without giving any notice or conducting enquiry, the respondent officials terminated her from the service. Hence, the writ petition. 3. The respondents filed counter affidavit stating that as per notification issued in the year 2006 inviting applications for the post of Anganwadi Workers and Helpers at ICDS Project, Jagtial, Karimnagar District, the petitioner, along with Smt.V.Neelavathi @ Leelavathi, applied for the same and the petitioner was selected as Anganwadi Worker for Kandlapally Anganwadi centre and was appointed vide proceedings, dated 07.03.2007 of second respondent. The said Smt.V.Leelavathi made a representation, dated 09.05.2011, to the District Collector, Karimnagar District – third respondent, stating that the petitioner was appointed as Anganwadi Worker irregularly though she is under – aged, and requested to cancel her appointment. On instructions of the third respondent to enquire into the matter, the Project Director, Karimnagar – first respondent, visited the office of CDPO, Jagtial on 11.05.2011, and after conducting enquiry, opined that the Selection Committee appointed the petitioner as Anganwadi Worker illegally and it is contrary to G.O.Ms.No.21, dated 24.08.2007. Hence, after due deliberations with the Commissioner, Women Development and Child Welfare Department, the first respondent submitted Note File No.A/28/2011 to the third respondent. After obtaining instructions from the first respondent, the CDPO, Jagtial – second respondent, terminated the petitioner from the post of Anganwadi Worker of Kandlapally Anganwadi Centre vide impugned proceedings, dated 09.06.2011, and issued a fresh notification on 10.06.2011. The respondents stated that as per G.O.Ms.No.21, the candidate who intends to apply for the post of Anganwadi Worker should have completed the age of 21 years and must be a woman, and it is clearly mentioned in the notification itself. The respondents further alleged that due to oversight, the Selection Committee appointed the petitioner as Anganwadi Worker, but later, on the representation made by Smt.V.Leelavathi, after conducting enquiry, the second respondent issued the impugned proceedings. Hence, they prays to dismiss the writ petition. 4. Learned counsel for the petitioner contended that by applying G.O.Ms.No.21, dated 24.08.2007, which is not applicable to the facts of the case on hand, the petitioner was terminated without there being any notice or enquiry. 5. On the other hand, learned Assistant Government Pleader for Women and Child Welfare, appearing on behalf of the respondents, contended that as on the date of the selection of the petitioner, she was under-aged and therefore, she was rightly terminated from the post of Anganwadi Worker and hence, the impugned proceeding needs no interference by this Court. 6. As seen from the impugned proceedings issued by the second respondent, dated 09.06.2011, it is clear that the appointment of the petitioner as Anganwadi Worker at Kandlapally Village, Anganwadi Centre, is against the Rules, as her date of birth is 07.09.1987 and she was aged 19 years at the time of her appointment, and that it is contrary to the guidelines stipulated in G.O.Ms.No.21, and therefore, the petitioner was terminated and directed to handover all the materials under her charge to the concerned Sector Supervisor. The second respondent issued the impugned proceedings based upon G.O.Ms.No.21, dated 24.08.2007. But, as seen from the said G.O., the guidelines stipulate that the candidates should be between the age of 21 to 35 years as on 1st July of recruiting year in respect of selection of Anganwadi Workers and Anganwadi Helpers, and would come into force with immediate effect and for all the vacancies notified from the date of issuance of the G.O. Admittedly, the petitioner was appointed on 07.03.2007 long prior to the issuance of the said G.O. Hence, the said G.O., has no application, as it clearly indicates that it would apply to the future appointments prospectively. So, by applying the said G.O., which is not applicable in terminating the petitioner is illegal. Therefore, the impugned proceeding is liable to be set aside. 7. Accordingly, the impugned proceeding is set aside and the writ petition is allowed. There shall be no order as to costs. _______________ K.C. BHANU, J 22.06.2011 Note:- Issue C.C. in ten days. (B/o) KH THE HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.16058 OF 2011 Dated:22.06.2011 Between: Smt.Thogiti Sri Latha .. Petitioner And The Project Director, DW and CDA, District Women and Child Development Agency, Mankamma Thota, Karimnagar And others .. Respondents