MINITHA M. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner, who is working as an Anganwadi worker who was engaged on temporary basis, from 2005 onwards is aggrieved by the rank assigned to her in Ext.P5 seniority list.

(2.) Petitioner claims that she has worked for a period of 1695 days for the period from 13.10.2005 to 31.01.2016. As per Ext.P1 certificate issued by the 3rd respondent-the Child Development Project Officer, Kondotty, petitioner has worked for a period of 199 days from 13.10.2005 to 15.12.2006; as per Ext.P2(b) certificate she worked 404 days from 21.11.2006 to 31.10.2010; as per Ext P2(a) certificate she worked for 467 days from 01.03.2011 to 14.06.2012. She has also produced Ext.P1(c) certificate, according to which, she worked on 504 days from 09/2012 to 01/2016. However, in the consolidated seniority list published by the 3 rd respondent, pursuant to Ext.P5 Circular issued by the Director in ICDS B4.23176/12 dated 28.11.2015, of the temporary Anganwadi workers who did not get regular appointment from the seniority lists published in 2006 and 2010, the petitioner is included as Sl.No.6 with only 199 days of service. Petitioner points out that those persons who are ranked above her were not included in Ext.P6 seniority list published in 2006. In Ext.P6 seniority list of temporary Anganwadi workers she was ranked at Sl.No.13 with 199 days. Respondents 4 to 7 were not included in it. Petitioner points out that upto rank No.11 in Ext.P6 seniority list, have already been appointed regularly and rank No.12 got appointment under Government and she was the next eligible candidate for regular appointment.

(3.) In G.O.(MS).35/2006/SWD dated 11.10.2006 Government had laid down the criteria for inclusion of Anganwadi workers in the seniority list and it was ordered that the temporary workers having 1 year or more service as on 30.06.2006, would be entitled to be considered for regular appointment. As per Ext.P2 order, those who were having 6 months service as on 31.10.2010 were made eligible for inclusion in the seniority list as well as for regular appointment. Petitioner claims that as per G.O. (MS).58/2008/SWD dated 22.10.2008, that Anganwadi workers/helpers, who are included in the seniority list prepared in 2006, have to be given preference for regular appointment. In 2015, Government issued Ext.P3 order, on the basis of the directions issued in the judgment dated 24.07.2015 in W.P.(C).No.25614 of 2009 and connected cases, directing preparation of a consolidated seniority list of temporary Anganwadi workers including those who are included in 2006 and 2010. Based on that the Director issued Ext.P4 Circular. Ext.P5 seniority list is stated to be one published on the basis of Exts.P3 order and P4 Circular. However, in this list also the number of days of work rendered by the petitioner continues to be 199, without reckoning her service subsequent to 2006, placing her at rank No.6, with respondents