STATE OF KERALA REP. BY THE SECRETARY, Vs. P.K. SUJASTHA W/O. C.K. KUNHIKRISHNAN AND LEELA A.V. W/O. BALAKRISHNAN

JUDGEMENT

(1.) RESPONDENTS in the writ petition are the appellants. The writ petitioners are the respondents herein. They approached this Court seeking appointment to the post of Anganwadi workers in Peringome Vayakara Grama Panchayat on the strength of Ext.P3 select list prepared for appointment in that Panchayat. They are respectively rank Nos. 7 and 9. Respondents in the writ petition, who are the appellants herein, resisted the prayers in the writ petition relying on Exts.P4 and P5 Government order dated 11.10.2006 and 13.10.2006 providing for regularisation of existing Anganwadi workers who have a minimum of six months' service. But, the learned single Judge repelled the said contention and ordered to appoint the respondents/writ petitioners in preference to the beneficiaries of Exts.P4 and P5. Feeling aggrieved by the said judgment, the respondents in the writ petition have come up in appeal.

(2.) IT is common ground that first respondent has already been appointed. The next vacancy was due to a Latin Catholic candidate. Since, no candidate from that community was available, the second respondent/second petitioner was eligible to be appointed. But, the learned Government Pleader would point out that the second respondent can be appointed only when a vacancy is available in the Peringome Vayakara Grama Panchayat. To that extent, the judgment under appeal requires modification, it is submitted. We heard the learned Counsel appearing for the respondents. We think there is force in the submission of the learned Government Pleader. An incumbent cannot be appointed unless there is a vacancy. But, it is ordered that the second respondent shall be accommodated in the first vacancy that arose after the date of the judgment. If the second respondent has already been appointed pursuant to the interim order in this writ appeal, her appointment shall be treated as regular with effect from the date the first vacancy arose after the judgment under appeal.