IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 14TH JUNE 2011 / 24TH JYAISHTA 1933 WP(C).No. 9332 of 2007(J) ------------------------------------ PETITIONER(S): ----------------------- MARY JOSEPH, W/O.FRANCIS, CHEMBLANICKAL HOUSE, VAYALADA, UNNIKULAM. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): --------------------------- 1. DISTRICT SOCIAL WELFARE OFFICER, KOZHIKODE. 2. CHILD DEVELOPMENT PROJECT OFFICER, BALUSSERY, KOZHIKODE. GOVERNMENT PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.9332/2007 APPENDIX PETITIONERS' EXHIBITS: P1:- COPY OF THE EXPERIENCE CERTIFICATE ISSIUED BY THE 2ND RESPONDENT DTD. 1.7.2005. P1(A):- COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE 2ND RESPONDENT DTD. 5.5.06. P2:- COPY OF THE REPRESENTATION SENT BY THE PETITIONER TO THE IST RESPONDENT DTD. 12.12.06. P3:- COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE DISTRICT SOCIAL WELFARE OFFICER, KOZHIKODE DTD. 31.3.2007. RESPONDENT'S EXHIBITS. R2(a):- COPY OF THE GOVERNMENT ORDER NO.35/06 DTD. 11.10.06. R2(b):- COPY OF THE GOVT. ORDER NO.2/07/SWD DTD. 6.1.2007. R2(c):- COPY OF THE SENIORITY LIST DTD. 15.12.06. //TRUE COPY// P.S. TO JUDGE tss S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 9332 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 14th day of June, 2011. J U D G M E N T The petitioner is an unemployed lady. Intermittently she worked as an Anganwadi worker in Centre No. 141 of Panangad Panchayat under the 2nd respondent. Subsequently, the 1st respondent conducted an interview for the post of Anganwadi worker/Helper. Although the petitioner was included as rank no. 1 in the select list published by the 1st respondent in 2005, the petitioner was not given employment. Although, subsequently, vacancies arose, the petitioner was not given any employment. The petitioner is also not given any weightage for the previous experience put in by her, is her contention. She has filed this writ petition seeking the following reliefs: “a) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to appoint the petitioner as Anganwadi Worker as expeditiously as possible. b) To declare that the respondents are not justified in publishing the 2nd rank list without exhausting or making at least one appointment from the first rank list. c) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and pass orders on Ext. P 2.” 2. The 2nd respondent has filed a counter affidavit in which it is stated as follows: “2. It is submitted that the petitioner had worked as temporary Anganvadi Worker intermittently during different periods in C. No. 141, Thorad of Panangad Panchayat under ICDS Balusserry Project. The argument of the petitioner is that she was ranked first in the select list published by the 1st respondent in 2005 is not correct. -: 2 :- 3. It is submitted that in 2005, an interview was conducted to appoint Anganvadi workers for project vise. But the select list has not been published and the appointment could not be made as the same was stayed by this Hon'ble Court in W.P(C) No. 35945/05 dated 21.12.2005. 4. It is submitted that the Government issued GO.No.35/06 dated 11.10.2006 directed to prepare a Panchayat vise seniority list of temporary Anganavadi workers who have experience of 1 year of more as Anganvady worker as on 30.6.2000 by verifying the certificate to prove experience, qualification, age and residence. Such Panchayat vise seniority list is to be approved by the District Social Welfare Officer. A true copy of the Government Order No. 35/06 dated 11.10.06 is produced herewith and marked as Ext. R2(a). 5. It is submitted that the Government have issued the G.O.(RT) No. 2/07/SWD dated 6.1.2007, in which the experience was reduced to 6 months instead of 1 year in the former order cut of date was changed to 15.12.2006 instead of 30.6.2006 and the age limit was fixed as 55 years. A true copy of the order dated 6.1.2007 is produced herewith and marked as Ext. R2(b). 6. It is submitted that as per the Ext. R2(a) and Ext.R2(b) seniority list of temporary Anganvadi workers/helpers, who have six months or more experience as temporary workers/helpers as on 15.12.06 was prepared by the Child Development Project Officer, the 2nd respondent and the certificates to prove experience, qualification and residence were verified by the four members committee (Child Development Project officer, Block president, Grama Panchayat president and Secretary). The same was approved by the District Social Welfare Officer. A true copy of the seniority list dated 15.12.2006 is produced herewith and marked as Ext. R2(c). 7. It is submitted that Ext. R2(c) select list was prepared solely on the basis of experience and the petitioner's rank is '7' in the seniority list. The appointment to the existing 6 vacancies have been made from Ext. R2 select list and the petitioner will be considered for appointment as and when her turn comes. At present, there is no vacancy in the Panangad Grama Panchayat. 8. It is submitted that the petitioner has been temporarily working as Anganvady Worker in this project against leave vacancy. The select list prepared during 2005 -: 3 :- was not published as the same was stayed by this Hon'ble Court in W.P(C) No. 35945/05 dated 21.12.05. 9. It is respectfully submitted that the appointment to the post of Anganavady Worker can be made only as per the direction of the Government. The newly prepared rank list as per the Government Order No.2/07/SWD (Ext. R2(b)) was solely on the basis of the experience.” In view of the averments, I am of opinion that the petitioner has to await her turn for appointment from Ext. R2(c) select list. Accordingly, I dispose of this writ petition with a direction to the 2nd respondent to see that the petitioner is appointed as Anganwady worker in accordance with her seniority in Ext. R2(c) seniority list in the next arising vacancy. Sd/- S. Siri Jagan, Judge. Tds/