IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 10TH DECEMBER 2009 / 19TH AGRAHAYANA 1931 WP(C).No. 20391 of 2009(T) -------------------------------------- PETITIONER: ------------------- BEENA .P, K.P.HOUSE, KURUKODE, KOLLAYIL P.O, KOLLAM DISTRICT. BY ADV. MR.V.PREMCHAND. RESPONDENTS: ------------------------ 1. THE DISTRICT SOCIAL WELFARE OFFICER, KOLLAM DISTRICT. 2. THE CHILD DEVELOPMENT OFFICER, CHADAYAMANGALAM, KOLLAM DISTRICT. 3. KAROLINE,T.A, VIJAYA NIVAS, MATHIRA PO, MANKODE, KOTTARAKKARA. R1 & R2 BY GOVT. PLEADER MR. P. NANDAKUMAR, R3 BY ADV. MR.K.ABDUL JAWAD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20391/2009-T: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 29/06/2009 ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.2: COPY OF THE ORDER DTD. 07/07/2009 ISSUED BY THE R.2. TO THE PETITIONER. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE SENIORITY LIST OF TEMPORARY WORKERS FOR THE `CHITHARA GRAMA PANCHAYATH'. EXT.R3.B: COPY OF THE REPRESENTATION DTD. 16/07/09 TO THE DIRECTOR OF SOCIAL WELFARE DEPARTMENT SUBMITTED BY THE R.3. EXT.R3.C: COPY OF THE REPLY ISSUED BY THE R.2. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 20391 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 10th day of December, 2009 JUDGMENT A direction to the respondents to permit the petitioner to continue as Anganwadi Worker in Anganwadi No.60 of Chithara Grama Panchayat is sought for. 2. According to the petitioner, by Ext.P1, she was appointed as Anganwadi Worker in Anganwadi No.60 and she was continuing in that place. Subsequently, Ext.P2 order was issued stating that in the seniority list, the third respondent is senior to the petitioner and therefore, the petitioner was directed to hand over the charge of Anganwadi No.60, where a permanent vacancy was available, to the third respondent and to take charge of Anganwadi No.92 where a temporary vacancy was available. Aggrieved by Ext.P2, this writ petition is filed. 3. From the counter affidavit filed by the first respondent and the submissions made by the learned Government Pleader what emerges is that respondents 1 and 2 are maintaining a seniority list of temporary Anganwadi Workers, out of which as and when permanent W.P.(C) No. 20391/09 2 vacancy arises, appointments are made. In the list so maintained, the third respondent is No.6 and the petitioner is No.9. It is stated that the permanent worker in Anganwadi No.60 took sick leave when by Ext.P1 the petitioner was posted. It is stated that during that period, there was a temporary vacancy of Anganwadi Worker in Anganwadi No.92, to which the third respondent was also posted. It is stated that while so, on 14-5-2008 the permanent Anganwadi Worker of Anganwadi No.60 who had availed of sick leave expired. As a result thereof, the petitioner was allowed to continue there. 4 In the meanwhile, Anganwadi Workers Sl. Nos. 1 to 5 in the seniority list were appointed on a permanent basis and the third respondent was the next one to be appointed. Pointing out the permanent vacancy that was available at Anganwadi No.60 the third respondent filed a complaint and sought posting against that vacancy. On receipt of the complaint, the matter was considered and finding substance in the complaint raised by the third respondent Ext.P2 order was issued. At that time, there was a temporary vacancy of Anganwadi Worker in Anganwadi No.92 and the petitioner was ordered to be posted in that vacancy. 5. From the aforesaid facts it can be seen that the third respondent is senior to the petitioner and depending upon the W.P.(C) No. 20391/09 3 seniority, she was entitled to be appointed in the next arising permanent vacancy which arose at Anganwadi 60 and that is why Ext.P2 was issued. In view of this I see no merit in the writ petition. The writ petition fails and is dismissed. ANTONY DOMINIC, JUDGE. mn.