LAWS(KAR)-2011-11-88

THUIASAMMA W/O PUTTASWAMY AND OTHERS Vs. UNION OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT, D-I SECTION A WING, SHASTRI BHAVAN NEW DELHI, REP BY ITS SECRETARY AND OTHERS

Decided On November 02, 2011
Thuiasamma W/O Puttaswamy Appellant
V/S
Union Of India Ministry Of Women And Child Development, D -I Section A Wing, Shastri Bhavan New Delhi, Rep By Its Secretary Respondents

JUDGEMENT

(1.) PETITIONERS have questioned the Circular dated 25.5.2010 and the letter dated 26.11.2010 which are produced in Writ Petition Nos. 37872 -876/2011, as also the impugned notice issued to the petitioners by the concerned Child Development Officer directing the petitioners to chose either of the two posts viz., the post of Anganawadi worker and the membership of the Grama Panchayat.

(2.) THE question involved in these writ petitions are already decided by this Court in three judgments i.e., (a) Writ Petition Nos. 4343 -52/2011, disposed of on 1st February 2011, (b) Writ Petition No. 63085/2011 & connected matters, disposed of on 3rd June 2011, (c) Writ Petition No. 18092/2011, disposed of on 15th June 2011.

(3.) IN Writ Petition No.63085/2011 and connected matters, this Court observed thus : Para 10 : If their working as members of the local bodies is making a demand on their time and is affecting their availability for performing certain services in the Anganawadi, the Government is well within its limits to insist that either they continue as the Anganawadi Workers or Members of the local body. The ICDS scheme is for taking care of the children in the preschool period. If an Anganawadi has only one Anganawadi Worker and if she also goes to attend the meetings of the Grama Panchayath/taluk Panchayath/Zilla Panchayat, the interests of the children would suffer, In a case of this nature, what is of paramount consideration is the interest of the child. Not only that the petitioners would be attending the meetings of the local bodies but they would also be required to attend to the grievances of the people of their respective constituencies. The same would affect their availability in the Anganawadi. They are required to be present on all working days between 9.30 a.m. to 4.00 p.m. in the Anganawadi and act as architects of the a/round development of the child's personality in the most formative years of its life.