THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.14017 OF 2009 Dated: 10 .11.2009 Between: 1. Bathala Lakshmamma (Lakshmi) and 3 others. … Petitioners And 1. The Child Development Project Officer, ICDS Project, Vinjamoor and 3 others. … Respondents THE HON’BLE Ms. JUSTICE G. ROHINI WRIT PETITION No.14017 OF 2009 ORDER: The petitioners herein were appointed as Early Child Education (ECE) Instructors during the year 1997 and worked as such in M.P.P. Schools in Nellore District for a long time. This writ petition is filed aggrieved by the alleged inaction on the part of the respondents in absorbing the petitioners as Anganwadi Workers by conversion from ECE Instructors in view of G.O.Ms.No.49, dated 2.5.2000. The petitioners also seek a declaration that the order passed by the 2nd respondent dated 8.10.2008 whereunder the request of the petitioners for appointment as Anganwadi Workers in Nellore District was rejected as arbitrary and illegal. The Early Childhood Education Centres were established under District Primary Education Project (DPEP) by the Education Department for Universalisation of Elementary Education and the said Centres were being managed by ECE School Committees. The Integrated Child Development Services (ICDS) Scheme started in the year 1975 by the Department of Women Development and Child Welfare and Disabled Welfare was also working for the cause of child development. For administration of the ICDS Scheme, Anganwadi Centres are established at Village level throughout the State. While so, it has been decided by State Government to converge the ECE component of DPEP with Integrated Child Development Services Scheme by providing financial assistance to the willing, existing Mothers Committees of the Anganwadi Centres. Accordingly a scheme has been formulated vide G.O.Ms.No.49, Education (SEPROG-I) Department dated 2.5.2000 for implementation of the said decision. Pursuant thereto, a notification was issued by the respondents inviting applications for appointment to the posts of Anganwadi Workers in Nellore District. The petitioners being the ECE Instructors made applications expecting absorption into the said posts. However their claims were not considered by the respondents. Aggrieved by the said action, the petitioners filed W.P.No.1287 of 2007 seeking a direction to the respondents to consider their cases for conversion as Anganwadi Workers from ECE Instructors in their respective places where the Anganwadi Centres were started. The said writ petition along with a batch of writ petitions filed by similarly situated persons was disposed of by this Court by order dated 16.09.2008 with directions as under : “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.” However, the 2nd respondent by order dated 08.10.2008 informed the petitioners that by the date of the order of this Court in W.P.No.1287 of 2007and batch the posts of Anganwadi Workers in all the Anganwadi Centres were filled-up and the newly recruited persons had already joined their respective posts and therefore the claim of the petitioners for absorption as Anganwadi Workers cannot be considered. Aggrieved by the said order, dated 8.10.2008, the present writ petition is filed. Despite notice, no counter-affidavit is filed on behalf of the respondents. As could be seen from the guidelines issued under G.O.Ms.No.49, dated 2.5.2000, if all factors of recruitment to the posts of Anganwadi Workers are equal, preference shall be given to the ECE Instructors for appointment to the post of Anganwadi workers. Having considered an identical issue, a Division Bench of this Court in W.P.No.18585 of 2003 held that the petitioner therein, who worked as ECE Instructor, was entitled for preferential treatment in the matter of absorption whenever an Anganwadi Centre was opened. Thus, it is clear that what all required is to give preference to ECE Instructors in appointment of Anganwadi Workers. Having held so, this Court disposed of W.P.No.1287 of 2007 with a specific direction to the respondents to consider the claims of the petitioners. Admittedly the said order has become final. In the circumstances, the respondents are bound to implement the same. Rejecting the claims of the petitioners for consideration by giving preference as provided under G.O.Ms.No.49, dated 2.5.2000 merely on the ground that all the posts of Anganwadi Workers were filled up by the date of the order of this Court is apparently in violation of the order of this Court apart from being contrary to the guidelines issued under G.O.Ms.No.49, dated 2.5.2000. Since the order in W.P.No.1287 of 2007 has become final, the respondents ought to have considered the cases of the petitioners through a duly constituted Selection Committee so as to decide whether they are suitable for absorption as provided in G.O.Ms.No.49, dated 2.5.2000. Since no such exercise was made, the impugned order dated 08.10.2008 being arbitrary and illegal is liable to be set aside. Accordingly, the impugned order dated 8.10.2008 is hereby set aside and the Writ Petition is disposed of with a direction to the respondents to consider the candidatures of the petitioners and pass appropriate orders in accordance with law strictly in accordance with the directions in W.P.No.1287 of 2007, dated 16.9.2008 as expeditiously as possible preferably within a period of six weeks from the date of receipt of this order. No costs. ____________ G. ROHINI, J. Dt. 10.11.2009 Note:- CC in 3 days. gbs