IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION Nos.1287, 2421, 2759, 3512, 7017, 16221, 23503 & 23975 of 2007 W.P.No.1287 of 2007 Between: 1 Bathala Lakshmamma (Lakshmi) W/o. Kondaiah M.P.U.P. School Gattupalli of jaladanki Mandal, Nellore District. 2 Vadlapudi Manoranjitham W/o. Chandra Sekhar M.P.Elementary School (Main) Chintalapalem, Jaladanki (M), Nellore District. 3 Jangam Mariyamma W/o. Babu M.P.P. School, H/W, Jammalapalem, Jaladanki (M) Nellore District. 4 Pasupuleti Parimala W/o. Venkata Krishnaiah Vemulapadu, Jaladanki (M) Nellore District. ..... PET IT IONER(S) AND 1 The Child Development Officer, Kavali, I.C.D.S. Project, Nellore District. 2 The Project Director, I.C.D.A. Nellore District, Nellore. 3 The District Collector, Nellore District, Nellore. 4 The Director, Women Development and Child Welfare Department, A.P. Hyderabad. .....RESPONDENT (S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ of mandamus or any other appropriate writ order or direction to direct the Respondents to consider the case of the Petitioners for Conversion as Anganwadi Workers From E.C.E. Instructor (Early child Education Instructor) in their respective places where the Anganwadi Centers started by merging the E.C.E. Centers into I.C.D.S. in view of the provisons of G.O.Ms.o. 49 dt. 2-5-2000 forthwith and pass such other order or orders as may deem ﬁt and proper in the circumstances of the case. W.P.No. 2421 of 2007 Between: Medarametla Padmavathi, W/o. Malyadri, MPP School, Veernakollu, Kaligiri (M), Nellore District. ..... PET IT IONER AND 1 The Child Development Project Officer, Vinjamur Mandal, Nellore District. 2 The Project Director, I.C.D.A., Nellore District, Nellore. 3 The District Collector & Magistrate, Nellore District, Nellore. 4 The Director, Women Development and Child Welfare Department A.P., Hyderabad. .....RESPONDENT (S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a Writ of Mandamus, or any other appropriate writ, order or direction, to direct the respondents to consider the case of the petitioner for conversion as Anganwadi Worker from E.C.E. Instructor (Early Child Education Instructor) in her working place E.C.E. Center, MPP School, Veernakollu of Kaligiri Mandal, Nellore District, where the Anganwadi Center Stared, by merging the E.C.E. Center into ICDS., in view of the provisions of GO Ms.No. 49, dt. 2-5-2000 forthwith and pass such other order or orders as may deem fit and proper in the circumstances of the case W.P.No. 2759 of 2007 Between: Tippabathina Swarna Latha W/o.Sudheer M.P.P. School, Boilla Varipalem, Kondapuram (PO & M), Nellore District. ..... PET IT IONER AND 1 The Child development Project Officer, Vinjamur Mandal, Nellore District. 2 The Project Director, I.C.D.A. Nellore District. Nellore. 3 The District Collector & Magistrate, Nellore District, Nellore. 4 The Director, Women development and Child Welfare Department, A.P., Hyderabad. .....RESPONDENT (S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ of mandamus, or any other appropriate writ, order or direction to direct the respondents to consider the case of the Petitioner for Conversion as Anganwadi Worker from E.C.E. Instructor (Early Child Education Instructor) in her place i.e., E.C.E. Center, M.P.P. School, Boillavari Palem of Kondapuram Mandal, Nellore District, where the Anganwadi Center started, by merging the E.C.E. center into I.c.D.S., in view of the Provisions of G.O.Ms.No.49, dated 2.5.2000 forthwith and pass such other order or orders as may deem fit and proper in the circumstances of the case. W.P.No. 3512 of 2007 Between: Butti Subhashini D/o M.P. Elementary, School GUDLADONA (EAst), Kaligiri(M), Nellore District. ..... PET IT IONER AND 1 The Child Development Project Officer, Vinjamur Mandal, Nellore District. 2 The Project Director, ICDA Nellore District Nellore. 3 The District Collector & magistrate, Nellore District, Nellore. 4 The Director, Women Development and Child Welfare Dept A.P., Hyderabad. .....RESPONDENT (S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to issue a Writ of mandamus or anyotherappropriate Writ, order ordirection, to direct the Respondents to consider the case of the petitioner for conversion as Anganwadi workeer from ECE Instructor (Early child Education Instructor) in her place i.e ECE Center MP Elementary School Gudladona (east) of Kaligiri mandal, Nellore District, where the Anganwadi Centre started,by merging the ECE Center into ICDS.,in view of he provisions of G.O.Ms. No. 49 dated 2-5-2000 forthwith and pass such other order or orders as may deem ﬁt and proper inthe circumstances of the case. W.P.No. 7017 of 2007 Between: Thupili Subba Lakshmi W/o.Parri Bhaskar Gunupadu (HW) ..... PET IT IONER AND 1 The Child Development Project officer, Kota Mandal,Nellore District 2 the Project Director, ICDA Nellore District Nellore 3 The District Collector, Nellore District, Nellore 4 The Director, Women Development and Child Welfare Dept., AP.,Hyderabad .....RESPONDENT (S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ of mandamus or any other appropriate writ order or directio to direct the respondetns to consider thecase of the petitioner for conversion as Anganwadi worker from ECE Instructor (Early Child Education Instructor) in her respective place where the Anganwadi Centre started by merging the ECE Centre into ICDS.,in view of the provisions of G.O.Ms.No.49 dated 2.5.2000 forthwith and pass W.P.No.16221 of 2007 Between: Koshina Pogu Mariyamma W/o.Ch.Narasimha M.P.P.School,, Nandipadu H/W Duttalur Mandal, Nellore District ..... PET IT IONER AND 1 The Child Development officer, Vinjamur Mandal Nellore District 2 The Project Director, I.C.D.A.Nellore District Nellore 3 The District Collector & Magistrate, Nellore District Nellore 4 The Director, Women Development and Child Welfare Dept., AP Hyderabad 5 Koshina Pogu Sujatha W/o.Prabhakar nandipadu H/.W, Vinjamur Mandal Nellore district .....RESPONDENT (S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ of mandamus or any other appropriate writ oder or direction to direct the respondents to consider the case of the petitioner for conversion as Anganwadi AYA from E.C.E.AYA (Early child Education AYA) in her place i.e. E.C.E. Center, MPP school, Nandipadu H/w. of Duttalur Mandal, Nellore District where the Anganwadi center started by merging the E.C.E.Center into I.C.D.S.in view of the provisions of G.O.Ms.No.49 dated 2.5.2000 with all consequential benefits forthwith and pass W.P.No. 23503 of 2007 Between: 1 Veluturla Narayanamma W/o. P. Subba Rami Reddy at M.P.P. School, Thurakapalli, Duttalur Mandal, Nellore District. 2 Kadapa Rama DeviW/o. Brahmanandam 39 at E.C.E. Center, Yerukollu Village, Duttalur Mandal, Nellore District. ..... PET IT IONER(S) AND 1 The Child Development Project Officer, I.C.D.S. Project, Vinjamoor, Nellore District. 2 The Project Officer, I.C.D.A, Nellore, Nellore District. 3 The District Collector & Magistrate, Nellore District, Nellore. 4 The Director, Women Development and Child Welfare Department, A.P. Hyderabad. .....RESPONDENT (S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue writ of Mandamus or any other appropriate writ, order or direction to direct the respondents to consider the case of the petitioners for conversion as Anganwadi Worker from ECE Instructor (Early Child Education Instructor) in their place i.e, E.C.E. Center, M.P.P. School, Thurakapalli, Duttalur Mandal, and E.C.E. Center, Yerukollu Village, Duttalur Mandal of Nellore District respectively, where the Anganwadi Center started by merging the E.C.E. Center into I.C.D.S. inview of the provisions of G.O.Ms.No. 49 dt. 2-5- 2000 and the Judgment in WP No. 2421 of 2007 dt. 9-2-2007 of the Hon'ble High Court of A.P., with all consequential beneﬁts and to pass such other order or orders as the Hon'ble Court may deem fit and proper. W.P.No.23975 of 2007 Between: Shaik Shamila Bi W/o.Sk.Ahamad Kothur of Krakutur, Kaligiri (M), Nellore District. ..... PET IT IONER AND 1 The District Colector, Nellore District, Nellore. 2 The Project Director, I.C.D.A., Nellore. 3 The Child Development Project Officer, Vinjamur, Nellore District. 4 The Director, Women Development and Child Welfare Department, A.P., Hyderabad. .....RESPONDENT (S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to to issue a writ of Mandamus or any other appropriate writ, order or direction to direct the Respondents to consider the case of the petitioner for allowing for conversion as Anganwadi Worker from ECE Instructor (EArly Child Education Instructor) in her place i.e., E.C.E. Center, M.P.U.P. School, Kothur of Krakutur, Kaligiri Mandal, Nellore District where the Anganwadi Center started by merging the E.C.E. Center into I.C.D.S. in view of the provisions of G.O.Ms.No.49, dated 2.5.2000 and the Judgment in W.P.No.18585/2003, dt. 12.11.2003 of the Hon'ble High Court of A.P., with all consequential beneﬁts and to pass such other order or orders. Counsel for the Petitioners in all the W.Ps:MR.M.V.NARASIMHAM Counsel for the Respondents in all the W.Ps. : GP FOR WOMEN DEV. & CHILD WELFARE The Court made the following : THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION Nos.1287, 2421, 2759, 3512, 7017, 16221, 23503 & 23975 of 2007 COMMON ORDER: In all these writ petitions, common questions of law and fact arise for consideration, therefore, they are being disposed of by this common order. The short question that arises for consideration in all these writ petitions is as to whether a particular ICDS centre, in which the petitioners are working, is required to be converted as Anganwadi centre and whether the petitioners are entitled to be absorbed against such vacancies. It is the case of the petitioners that they have been working as Instructors in the ECE (Early Child Education) Centres for a long time and as per the policy of the Government in G.O.Ms.No.49 dated 2.5.2000, every ECE Centre needs to be merged in ICDS (Integrated Child Development Services) and converted as Anganwadi centre. The learned counsel appearing for petitioners strenuously contended all the petitioners are entitled to be absorbed in those Anganwadi centers, but the respondents have not followed the procedure. According to him, the procedure as envisaged under the said G.O. is mandatory. In this regard, the learned counsel also placed reliance on the Division Bench judgment of this Court in W.P.No.18585 of 2003 dated 12.11.2003, wherein it was held; “Having heard the learned counsel for the petitioner and the learned Government Pleader, we are of the considered view that when once the petitioner worked as Instructor in ECEC, she is entitled for preferential treatment in matter of absorption whenever an Anganwadi Centre is opened. It is also on record that the 4th respondent never worked in ECEC at any point of time. Under those circumstances, keeping in view the guidelines issued by the Government in G.O.Ms.No.49 dated 2.5.2000 and also the Minutes of the Mothers’ committee, we are of the ﬁrm view that the selection of 4th respondent is wholly illegal and contrary to the guidelines issued by the Government. Accordingly, the writ petition is allowed and the impugned orders dated 13.12.2002 passed by the 3rd respondent are set aside and we direct that the petitioner shall be appointed as Anganwadi worker at Kokavaripalem forthwith.” Whereas the learned Government Pleader appearing for respondents submitted that the very G.O.Ms.No.49 dated 2.5.2000 enabling conversion of ECE centres to that of Anganwadi centres is not in operation. The said G.O. was valid only for a period of three years and thereafter G.O.Ms.No.28 dated 2.12.2004 was issued regarding the procedure for appointment of Anganwadi workers and handing over the programme to ICDS. Therefore, the procedure envisaged under G.O.Ms.No.49 dated 2.5.2000 is not available as on today. Heard both sides and perused the material made available on record. Though the learned counsel appearing for respondents asserted that G.O.Ms.No.49 dated 2.5.2000 has been superceded and it was valid only for a period of three years, no positive evidence has been placed before the Court to substantiate his contention. Under those circumstances, the petitioners are directed to make a detailed representation to the respondents seeking conversion of their respective ECE centres to that of Anganwadi centres as per G.O.Ms.No.49 dated 2.5.2000 within a period of six weeks from today. On making such representation, the respondents shall consider and dispose of the same by considering the fact as to whether G.O.Ms.No.49 dated 2.5.2000 has been superceded or not. While considering the matter, the respondents shall also take into consideration the Division Bench judgment of this Court in W.P.No.18585 of 2003 dated 12.11.2003 and pass appropriate orders, as per law, within a period of six weeks from the date of receipt of such representation. Until such time, no other person shall be appointed in the Anganwadi centres as claimed by the petitioners. The writ petitions are accordingly disposed of. No order as to costs. ____________ C.V.RAMULU, J Date: 16.9.2008 Note: Issue C.C. in one week. B/o DA THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION Nos.1287, 2421, 2759, 3512, 7017, 16221, 23503 & 23975 of 2007 16.9.2008