SHREEBA K. Vs. CHILD DEVELOPMENT PROJECT OFFICER

JUDGEMENT

(1.) The petitioners, who are working as Anganwadi workers were appointed from the seniority list of Temporary Anganwadi workers as per Ext.P4 order dated 08.02.2016. In this order the petitioners are serial No.1 and 2. While issuing Ext.P4 order, it was stated that as and when permanent workers join duty, the temporary workers will be relieved. On the basis of Ext.P4 order, petitioners joined the respective Anganwadis. It is stated that the petitioners' appointments were cancelled by Ext.P5 order dated 03.06.2016. It is stated that the cancellation of Ext.P5 order was on the basis of the complaint of helpers. It is stated that on the basis of Ext.P8 judgment, the Child Development Project Officer issued Ext.P10 proceedings on 30.11.2016, cancelling the appointments given to the petitioners in centre Nos.87 and 92 stating that there are qualified helpers eligible for appointment as workers in the 25% quota. This writ petition is filed challenging Ext.P10 order and seeking a direction to re-appointment of the petitioners as Anganwadi workers.

(2.) The first respondent has filed a counter affidavit stating that the Child Development Project Officer has not followed the directions contained in the circular issued by the Director of Social Justice Department on 28.11.2015, while issuing Ext.P4 proceedings. Even though the petitioners were included in the seniority list of the temporary workers, at the time of the appointment of the petitioners, there were qualified Anganwadi helpers, who were entitled for the promotion to the post of Angnawadi workers. Since they are entitled to 25% of the posts, the appointment by other methods were being made only after the qualified Anganwadi helpers were granted promotion against their quota. It is stated that Ext.P10 order was issued in tune with directions in the circular issued by the Director of the Social Justice Department and that it is not contrary to any directions in Ext.P8 judgment. It is also stated that, respondents 5 and 6 were Anganwadi helpers who were entitled to be promoted in the 25% quota. The counter affidavit also pointed out that the first petitioner, who is rank No.1 among temporary workers is already appointed permanently by the first respondent as per order dated 31.05.2019 and that the second petitioner will be appointed permanently as and when vacancy arises in the turn for temporary workers.