HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.8931 of 2008 Date : 23.03.2010 Between : Veerapureddy Sridevi @ A.Sridevi. …..Petitioner And The Government of A.P., rep. by its Principal Secretary, Women Development Child Welfare & Disabled Welfare (ICDS) Department & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.8931 of 2008 ORDER : Though interlocutory applications are listed for hearing, at the request of the learned counsel appearing for the parties, the writ petition is finally heard and is being disposed of. 2. In this writ petition, the petitioner has questioned the Notification published in Eenadu Telugu Daily on 3rd of April 2008, inviting applications for appointment to the post of Anganwadi Worker at Lalithanagar in Kaluvai Mandal of Nellore District. 3. In the year 2007, the respondents have issued notification to fill up the vacancy of Anganwadi worker at Lalithanagar in Kaluvai Mandal of Nellore District. The petitioner was the applicant along with another applicant by name Mooli Radha. At that point of time, the said Mooli Radha was appointed as Anganwadi worker, which is questioned by the petitioner in W.P.No.5891 of 2007. 4. Mainly, it is the case of the petitioner that the appointment of Smt. Mooli Radha is contrary to the guidelines issued by the Department. It is the case of the petitioner that the said Mooli Radha is not a resident of Lalithanagar, and as per the guidelines, one should be the daughter-in-law of the place where the appointment is made. It is submitted that after marriage, the appointee was residing at Nellore, as such, her appointment is illegal. During the pendency of the writ petition, in view of the complaint made by the petitioner herein, an inquiry was conducted with regard to the nativity of Smt.Mooli Radha, and the Tahsildar of Kaluvai Mandal, who inquired into the matter, has submitted a report, stating that she was born at Lalithanagar and later she married one Sri G.Narayana Reddy, and after the marriage, she is residing at Nellore. In view of the report submitted by the Tahsildar, by proceedings, dated 13th June 2007, issued in Circular No.72/A1/2007, the 3rd respondent-Project Director has removed Smt. Mooli Radha from the post of Anganwadi worker. 5. After the said orders are passed, a fresh notification is issued, inviting applications to make fresh selections. At that point of time, this writ petition is filed, questioning the said notification. It is the case of the petitioner that as much as there were only two applicants pursuant to the earlier notification, and as the appointee was already removed from service, it is obligatory on the part of respondents to appoint the petitioner, but instead, they have issued fresh notification illegally. 6. In this regard, it is to be noted that the petitioner was not selected earlier. Merely because the selected candidate was removed from service, does not necessitate the petitioner’s appointment, only on the ground that her application alone was the leftover application pursuant to the notification issued earlier. As much as only one application was left in view of removal of the earlier appointee, it is always open to the employer to issue fresh notification inviting further applications. Merely because there was only one application left at earlier point of time, will not confer any right on the petitioner to seek appointment in the absence of any selection by the duly appointed Selection Committee. In that view of the matter, I do not find any ground to invalidate the impugned notification, dated 3rd of April 2008, which gives an opportunity to the petitioner also, to be considered along with the other candidates. 7. For the aforesaid reasons, while holding that there are no infirmities in the notification, dated 3rd of April 2008, I dispose of the writ petition, permitting the petitioner to make an application for appointment, within a period of four weeks from today. If any such application is filed, the respondents are directed to consider the case of the petitioner along with the other eligible applicants, as per the guidelines framed in this regard for appointment to the post of Anganwadi worker, without being influenced by any of the observations made in this order. 8. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 23rd March 2010 ajr