IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI FRIDAY, THE 20TH MARCH 2009 / 29TH PHALGUNA 1930 WP(C).No. 25713 of 2008(J) -------------------------------------- PETITIONERS: --------------------- 1. P.P. AMINA, KALPALLICHALIL HOUSE, OMASSERY P.O.,KODUVALLY VIA, KOZHIKODE, (ANGANWADI WORKER). 2. MARIYOMA P., POYILIL HOUSE, KIZHAKKOTH P.O., KODUVALLY, KOZHIKODE, (ANGANWADI WORKER). 3. PANKAJASHY V.S.,SAYUGYAM, CHEERAKKODA P.O., KANNADIKULAM, KOLATHARA, FAROOK, (ANGANWADI WORKER). 4. SUMATHY K.K.,PARAYARUKANDIYIL HOUSE, MANIPURAM P.O., KODUVALLY VIA, KOZHIKODE,(ANGANWADI WORKER). 5. SAKEENA E., MANANGATT HOUSE, MADAVOOR P.O., NARIKKUNNI VIA, KOZHIKODE,(ANGANWADI WORKER). 6. VASANTHI T., THAYYOTTUKUNNUMMAL HOUSE, MANIPURAM P.O., KODUVALLY VIA, KOZHIKODE, (ANGANWADI WORKER). 7. RADHA V.K., W/O UNNI NAIR VAZHAKKALAYIL HOUSE, NADUVATHOOR P.O., KOYILANDY VIA, KOZHIKODE, (ANGANWADI WORKER). 8. SANTHA K., KELANMARAKANDIYIL HOUSE, KORANGATT P.O., THAMARASSERRY, KOZHIKODE, (ANGANWADI WORKER). 9. SOBHANA KUMARI V.T., W/O GURUVAYOORAPPAN GURUSHOBHA, MANJALOOR P.O., ETHANOOR VIA, PALAKKAD, (ANGANWADI WORKER). W.P.(C). NO.25713/2008-J: 10. BHAGYALAKSHMI V., SARASWATHI NIVAS, THENKURUSSI P.O., PALAKKAD DISTRICT, (ANGANWADI WORKER). BY ADV. MR.T.G.RAJENDRAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY, SOCIAL WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.' 2. THE DIRECTOR OF WELFARE, SOCIAL WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY GOVT. PLEADER SMT. SUDHA DEVI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.25713/2008-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE JUDGMENT IN W.P.(C).31254/2005 OF THIS HONOURABLE COURT. EXT.P.2: COPY OF THE JUDGMENT IN W.P.(C).3714/06 OF THIS HONOURABLE COURT. EXT.P.3: COPY OF THE ORDER IN G.O.(P).NO.171/2006/SWD DTD. 05/04/2006. EXT.P.4: COPY OF THE COMUNICATION SENT BY THE R.2. DTD. 02/07/2008. RESPONDENTS' EXHIBIT: EXT.R2.A: COPY OF THE G.O.(P).NO.28/99/SWD DTD. 03/07/99. //TRUE COPY// P.S. TO JUDGE. Prv. V.GIRI, J. ------------------------- W.P.(C).No.25713 of 2008 ------------------------- Dated this the 20th day of March, 2009. JUDGMENT The petitioners, who are working as Anganwadi Workers in various centres in Kozhikode District, are eligible for promotion to the post of ICDS Supervisors. The next promotion post in the 25% quota, that is available to Anganwadi Workers, is to be filled up by direct recruitment from Anganwadi Workers. As per the Special Rules applicable to the post, the vacancies in the post of ICDS Supervisors will have to be filled up in the ratio 50 : 25. 25% to be apportioned between direct recruitment from the open market, selection from Anganwadi Workers working in the Social Welfare Department and 25% from among the feeder categories in the Social Welfare Department. The petitioners aspire for appointment to the post of ICDS Supervisors in the second category. They had earlier approached this court with W.P.(C)No.3714/06 and by Ext.P2 W.P.(C).No.25713 of 2008 :: 2 :: judgment their representation was directed to be considered. Later by Ext.P3, the Government considered their case and passed an order. They have now approached this court for a direction to the respondents to appoint them as ICDS Supervisors against the 25% quota that is available for direct recruitment from Anganwadi Workers. 2. A counter affidavit has been filed by the 2nd respondent. Paragraphs 3 and 4 of the same read as follows: “In the writ petition the petitioners alleged that there is a move from this respondent, to make contract appointment to the existing vacancies of ICDS Supervisors. The allegation of the petitioners is totally baseless. At present there were 147 vacancies of ICDS Supervisors earmarked for direct recruitment from Anganwadi Workers . All the 147 vacancies were already reported to the Public Service Commission for advice. It is reliably learnt that the Public Service Commission has already notified the vacancies for selection and application has been invited. All the 147 vacancies reported to the PSC will be filled as soon as the PSC advise the suitable candidates. Neither the Secretary of Social W.P.(C).No.25713 of 2008 :: 3 :: Welfare Department nor the Director of Social Welfare has not taken any steps till date to fill up these vacancies otherwise. The 163 vacancies stated in P4 was the total number of vacancies of ICDS Supervisors available from 1-1-2006 without specifying any quota. These vacancies are not available for filling up from qualified Anganwadi Workers. Only 147 vacancies are in existence in the quota set apart for direct recruitment from Anganwadi Workers. The total cadre strength of ICDS Supervisors in the Social Welfare Department is 1292. 25% of this cadre strength works out to 323. 179 persons have already been appointed from the previous rank list of PSC against the said quota. As such 144 more persons have to be appointed. Adding 3 retirement vacancies which occurred within the quota, 147 vacancies are to be filled up by direct recruitment of Anganwadi Workers through PSC.” 3. It is clear that steps have already been taken by the Department to report all the available vacancies in the post of ICDS Supervisors by direct recruitment from Anganwadi Workers. I see no reason to expect that the W.P.(C).No.25713 of 2008 :: 4 :: respondents will not take any steps to fill up the vacancies, which have already been reported to the Public Service Commission . In the result, the writ petition is disposed of directing the Government to see that the selection process already commenced by the Public Service Commission is expedited and the vacancies in the post of ICDS Supervisors that are available to be filled up from among the Anganwadi Workers by direct recruitment are filled up as early as possible. Sd/- (V.GIRI) JUDGE sk/ //true copy//