IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930 WP(C).No. 30509 of 2008(F) ----------------------------------------- PETITIONERS: ----------------------- 1. SHEENA.G, WORKER, ANGANWADI NO.187, VINOD BHAVAN, KIZHAKKEVILA VEEDU, MUTTAICADU.P.O, VENGANOOR PANCHAYATH, THIRUVANANTHAPURAM DISTRICT. 2. SHOBA.D, HELPER, ANGANWADI NO.187, NADIAKARAITHALA MELE PUTHEN VEEDU, VENGANOOR.P.O, THIRUVANANTHAPURAM DISTRICT. 3. REMA.S, WORKER, ANGANWADI NO.183, WARD NO. VII, VELAYUDHA SADANAM, THOZHICHAL, VIZHINJAM.P.O, THIRUVANANTHAPURAM. 4. BINDU.R, HELPER, ANGANWADI NO.183, KARISHMABHAVAN, THOZHICHAL, VIZHINJAM.P.O, THIRUVANANTHAPURAM. 5. SHIJIRAJ.V., WORKER, ANGANWADI NO.165, VIJAYA VILASOM, PARUTHIVILA, VENGANOOR.P.O, THIRUVANANTHAPURAM. 6. SHEEBA KUMARI.S.N, WORKER, ANGANWADI NO. 188, MULLUVILA PUTHEN VEEDU, VENGANOOR.P.O, THIRUVANANTHAPURAM. 7. SARITA.V, WORKER, ANGANWADI NO.185, VAVUVIILA KIZHAKARIKKU VEEDU, VELLIVILA.P.O, THIRUVANANTHAPURAM. 8. SAROJAM.B, HELPER, ANGANWADI NO. 29, WARD NO. XIII, KANIKKAKURI, REMYA BHAVANAM, NELLIVILA.P.O, VENGANOOR PANCHAYATH, THIRUVANANTHAPURAM. Kss ..2/- ...2..... WPC.NO.30509/2008 F 9. AJITHA.S, WORKER, ANGANWADI NO. 186, NEDIYAVIKLA PUTHEN VEEDU, PUTHENKANAM, KATTANCHALKUZHI.P.O, THIRUVANANTHAPURAM. 10. LEKHA.T, HELPER, ANGANWADI NO. 186, WARD NO. XV, CHERUVU POTTAYIL VEEDU, KATTANCHALKUZHI.P.O, THIRUVANANTHAPURAM. 11. LEENA KUMARI.L, WORKER, ANGANWADI NO. 166, LEELA SADANAM, PARANGIMAM MOODU, MUTTAKAUD.P.O, THIRUVANANTHAURAM. 12. SHEEJA.J, WORKER, ANGANWADI NO. 182, POTTAVILA VEEDU, VELLAR, KOVALAM.P.O, THIRUVANANTHAPURAM. 13. SREJAKUMARI.B.S., WORKER, ANGANWADI NO. 167, KRIPA BHAVAN, MUTTACAUD.P.O, THIRUVANANTHAPURAM DISTRICT. 14. SHANAKUMARI.N.S, WORKER, ANGANWADI NO. 184, ASOKA BHAVAN, CHAMAVILA VEEDU, MUTTACAUD.P.O, THIRUVANANTHAPURAM. 15. SHASHIKALA.S, HELPER, ANGANWADI.NO. 184, CHALATHOTTAM, KS ROAD, MUTTACAUD.P.O, THIRUVANANTHAPURAM DISTRICT. 16. SHEEBA.S, WORKER, ANGANWADI NO. 38, WARD NO. XII, NEAR VARUTHATTU PUTHEN VEEDU, MUTTACAUD.P.O, THIRUVANANTHAPURAM DISTRICT. 17. SAJITHA.P.S, WORKER, ANGANWADI NO.190, SAJITHA BHAVAN, VENNIYOOR, NELLIVILA.P.O, THIRUVANANTHAPURAM DISTRICT. 18. E. JAIDA, HELPER, ANGANWADI NO. 190, NANDUNIVAS, VENNIYOOR, ELLIVILA.P.O, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.BIJU BALAKRISHNAN Kss ..3/- ...3..... WPC.NO.30509/2008 F RESPONDENTS: ------------------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY, DEPT. OF SOCIAL WELFARE, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE STATE DIRECOTR, CHILD DEVELOPMENT PROJECT (ICDS), THIRUVANANTHAPURAM. 3. THE DISTRICT PROJECT OFFICER, CHILD DEVELOPMENT PROJECT (ICDS), THIRUVANANTHAPURAM. 4. THE BLOCK PROJECT OFFICER, CHILD DEVELOPMENT PROJECT (CDPO), ICDS, OFFICE, ATHIYANOOR, THIRUVANANTHAPURAM. 5. VENGANOOR GRAMA PANCHAYATH, THIRUVANANTHAPURAM, REP. BY ITS SECRETARY. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No. 30509 of 2008 ------------------------------- Dated this the 16th October, 2008. J U D G M E N T The petitioners are Anganwadi workers/helpers engaged on daily wages in Anganwadies maintained by the 5th respondent Panchayat. They claim that there is no select list of Anganwadi Workers/Helpers sponsored by the Employment Exchanges and that there is also no list of Anganwadi Workers/Helpers on daily wages eligible to be regularised in service. According to the petitioners, in view of this state of affairs, the Government have issued Ext.P3 Government Order constituting a Selection Committee to select Anganwadi workers/helpers in projects where the said lists do not exist. The grievance voiced by the petitioners is that ignoring the legitimate claims of the petitioners and others similarly placed, the Selection Committee constituted as per Ext.P3 proposes to engage Anganwadi Workers/Helpers on daily wages, by replacing persons presently serving on daily wages and that aggrieved by W.P.(C) No.30509 of 2008 2 the said proposal, the petitioners have moved the Secretary to Government, Social Welfare Department in Ext.P4 representation dated 6.10.2008, seeking continuance in service. The petitioners pray that having regard to the fact that they have been in service for past nearly one year, the Secretary to Government, Social Welfare Department, may be directed to consider the request made by them in Ext.P4 representation and take a decision thereon within a time limit to be fixed by this Court. 2. I have heard Smt.Anu Sivaraman, the learned Government Pleader, appearing for the respondents as well. The question whether the petitioners are entitled to continue in service or are entitled to be regularised in service is essentially a matter for the State Government to decide at least in the first instance. In such circumstances, without expressing any opinion on the merits of the claims and contentions of the petitioners, I dispose of this Writ Petition with a direction to the W.P.(C) No.30509 of 2008 3 Secretary to Government, Social Welfare Department, to consider Ext.P4 representation submitted by the petitioners and take a decision thereon. This shall be done within two months from the date on which the petitioners produce a certified copy of this judgment. Needless to say, one among the petitioners whom the petitioners may nominate while submitting a copy of this judgment, shall be heard, before orders are passed on Ext.P4 representation. Till then, the petitioners shall be permitted to continue in the offices where they are presently working. Their continuance in service thereafter will be subject to the orders to be passed on Ext.P4 representation. P.N.RAVINDRAN, JUDGE nj.