IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 WP(C).No. 10522 of 2008 (C) -------------------------- PETITIONER: --------------- SALINI.S. ,CHARUVILKATHU VEEDU MANALAYAM, VITHURA PO, THIRUVANANTHAPURAM DISTRICT BY ADVS. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENTS: ---------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT SOCIAL WELFARE DEPARTMENT GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT SOCIAL WELFARE OFFICER DISTRICT SOCIAL WELFARE OFFICE POOJAPPURA, TRIVANDRUM 3. THE CHILD DEVELOPMENT PROJECT OFFICER I.C.D.S. OFFICE, VELLANADU, VELLANADU PO NEDUMANGAD, TRIVANDRUM DISTRICT 4. PRESIDENT, VELLANADU BLOCK PANCHAYATH VELLANADU, NEDUMANGAD THRIRUVANANTHAPURAM DISTRICT 5. PRESIDENT, THOLIKODE GRAMA PANCHAYATH THOLIKODE PO, NEDUMANGAD THRIRUVANANTHAPURAM DISTRICT 6. DEEPA R.P. SHARON VILASAM MANALAYAM, VITHURA PO, THIRUVANANTHAPURAM DISTRICT R6 BY ADVS. SRI.M.RAJAGOPALAN NAIR SRI.G.BIJU R1, 2 & 3 BY GOVERNMENT PLEADER, SRI. N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11.10.2010 , THE COURT ON 11/10/2010 DELIVERED THE FOLLOWING: VK WP(C).No. 10522 of 2008 © ------------------------------------- APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE GOVERNMENT ORDER NO.G.O. (M.S.) NO.35/2006 DATED 11.10.2006. EXT.P2. COPY OF THE GOVERNMENT ORDER NO.G.O. (M.S.) 2/2007 DATED 6.1.2007. EXT.P3. COPY OF THE REPRESENTATION SUBMITTED TO THE 2ND RESPONDENT DATED 2.12.2007. EXT.P4. COPY OF THE REPRESENTATION SUBMITTED TO THE 3RD RESPONDENT DATED 2.12.2007. EXT.P5. COPY OF THE REPRESENTATION SUBMITTED TO THE 5TH RESPONDENT DATED 2.12.2007. EXT.P6. COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 5TH RESPONDENT DATED 2.12.2007. EXT.P7. COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT DATED 5.12.2007. EXT.P8. COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT DATED 19.12.2007. EXT.P9. COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DATED 24.12.2007. RESPONDENTS EXHIBITS EXT.R6(a). COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT APPOINTING 6TH RESPONDENT AS WORKER IN ANGANWADI NO.182 OF THOLIKODE GRAMA PANCHAYATH. EXT.6(b). COPY OF THE CERTIFICATE EVIDENCING 6TH RESPONDENT'S PREVIOUS SERVICE OF 297 DAYS. EXT.R6(c). COPY OF THE CERTIFICATE SHOWING THAT 6TH RESPONDENT HAS PASSED S.S.L.C. AND HAS SUCCESSFULLY COMPLETED THE COURSE IN CHILD MINDERS TRAINING FOR CRECHE AND PRE-PRIMARY WORKERS. EXT6(d). COPY OF THE RESIDENTIAL CERTIFICATE EVIDENCING MY RESIDENCE IN THOLICODE GRAMA PANCHAYATH. EXT.6(D). COPY OF THE OWNERSHIP CERTIFICATE OF MY RESIDENTIAL BUILDING SITUATED IN THOLICODE GRAMA PANCHAYATH. EXT.62(a). COPY OF THE A SELECT LIST OF ANGANWADI WORKERS OF THOLICADE PANCHAYATH PREPARED BY THE COMMITTEE AS PRESCRIBED BY THE GOVERNMENT ORDER NOS. 35/06/SWD DATED 11.10.2006 AND NO.2/07/SWD DATED 6.1.2007. P.S. TO JUDGE / TRUE COPY / VK T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.10522 Of 2008 ----------------------------------------------------- DATED THIS THE 11th DAY OF OCTOBER, 2010 J U D G M E N T The petitioner is a permanent resident of the Tholikode Grama Panchayat . The main prayer in the Writ Petition is for a direction to respondents 2 and 3 to revise the select list for permanent appointment of Anganwadi workers in Tholikode Panchayat and to appoint the petitioner in the place of the 6th respondent. 2. The petitioner had worked as temporary worker for 282 days till December, 2006 from 16.8.2004 to 15.4.2006 and for 92 days from 3.5.2007 to 28.7.2007 in Anganwadi C.Nos.169, 181 and 164 functioning in the Tholikode Grama Panchayat. 3. The regularisation of temporary helpers/workers in Anganwadis are covered by Exhibits P1 and P2 guidelines. Apart from the petitioner and the 6th respondent, several others have also applied for regularisation. Finally, the 6th respondent was regularised in terms of the higher ranking in the seniority list. Challenging the same, the petitioner filed Exhibits P3 to P5 representations. Failing to get any reply in the matter, the W.P.(C)No.10522/08 -2- petitioner has filed this Writ Petition. 4. Mainly, it is alleged that the seniority list had to be prepared by the respective authorities taking the Panchayat as a unit. 5. The 2nd respondent has filed a counter affidavit. It is pointed out that based on Exhibits P1 and P2 orders, the ICDS, Vellanadu Project has prepared the seniority list for the Panchayat level posting. Tholikode Panchayat is under Vellanade ICDS Project. A seniority list was published by the Child Development Project Officer (CDPO) to fill the arising vacancies of Anganwadi Workers and Anganwadi Helpers at Anganwadi Workers Centres at Tholikode Panchayat. It was prepared in considering the duration of temporary service, namely service for more than 180 days from 15.12.2006. The above mentioned orders do not state whether the temporary service has to be in a particular Panchayat of an ICDS Project or elsewhere. The Government Orders say that a Panchayat-wise seniority list should be prepared for engaging the temporarily engaged Anganwadi Workers and Helpers as permanent functionaries based on the period of temporary services. The 6th respondent is W.P.(C)No.10522/08 -3- a permanent resident of Tholikode Panchayat. It is pointed out that as per the draft seniority, the petitioner's name is in the 5th position and therefore she will be given permanent posting only after giving permanent posting to the person in the 4th position. 6. The learned counsel for the petitioner mainly contended that the list had to be prepared Panchayat-wise, taking the Panchayat as a Unit and reliance is placed on Clause (4) of Exhibit P1. Clause (4) only shows that Panchayat-wise list has to be prepared on the basis of seniority, which does not mean that the total period has to be calculated based on the temporary service in the Anganwadi or the project attached to one particular Panchayat alone. Reliance is also placed on Exhibit P7 letter issued by the President of the Panchayat. It is also pointed out that the Committee includes the President of the Block Panchayat, Member of the Grama Panchayat and Secretary of the Grama Panchayat. I am unable to accept these contentions. The formation of the Committee is only for having a transparent procedure while preparing the list. That does not mean that it is an arrangement wherein the person's tenure has to be calculated depending on the number of days of temporary W.P.(C)No.10522/08 -4- service in a particular Panchayat and to give consequent ranking. It is not a post coming within the establishment of the Panchayat also. It is mainly funded by the Project. The seniority list has to be prepared considering the duration of the temporary service as a worker and helper as on 15.12.2006. Therefore, I do not find any infirmity in the procedure adopted. As it is assured that the petitioner will be granted a permanent posting in terms of the seniority list, the same will satisfy the claim of the petitioner. The claim of the petitioner in terms of Exhibit R2(a) seniority list will be considered in the arising vacancies, if any. The Writ Petition is accordingly disposed of. T.R.RAMACHANDRAN NAIR, JUDGE. dsn