DAISY VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is included in Ext.P2 seniority list of temporary Anganwadi workers in Mullenkolli Grama Panchayat who were eligible for regular appointment. The petitioner is rank No.6. It is stated that persons up to serial No.4 are already appointed. The petitioner claims that she is the next candidate to be appointed since serial No.5 is employed abroad and she is not making any claim for appointment. Pointing out that a vacancy was arisen in Anganwadi No.2 in Ward No.17 of Mullankolli Grama Panchayat on retirement of one Smt.Rajamma on 30.04.2019 the petitioner submitted Ext.P3 representation claiming appointment against that vacancy. The Writ Petition was filed complaining that respondents were not making appointment. It is the case of the petitioner that there is no other claimant for appointment to the post and she has to be appointed against the vacancy which arose on 01.05.2019 on retirement.

(2.) The 3rd respondent has filed a counter affidavit stating that the petitioner is the 2nd senior most candidate in Ext.P2 seniority list to be appointed. She can be considered only after the 5th respondent is considered. It is stated that after considering the representation submitted by the petitioner the petitioner was already informed that one vacancy which arose on 30.04.2019 consequent to retirement was filled up by one Sunitha Kumar who had donated land for Anganwadi. It is stated that the petitioner had claimed appointment against the vacancy which arose in Centre No.4 in Pattanikooppu Anganwadi. The respondent has produced Ext.R3(a) order dated 28.04.2018 by which Smt.Shanti John, Anganwadi Worker, working there, was granted extension of leave for a period of five years. It is stated that Anganwadi Workers are eligible for leave without honorarium for a period of 10 years which can be sanctioned by the District Social Welfare Officer. The order refers to the leave already granted to Smt.Shanti John for the period from 29.04.2013 to 28.04.2023. By Ext.R3(a) order she is granted extension for a further period of 5 years.

(3.) The petitioner's claim is as against the said vacancy which is available from 29.04.2013 onwards. The 3rd respondent has stated that the said vacancy is already filled up by a temporary hand. It is also their case that case of the petitioner can be considered only after considering the case of rank No.5 in the seniority list. The petitioner is a person who is eligible for regular appointment based on her inclusion in Ext.P2 seniority list. It is stated that vacancy which is available from 2018 onwards for a period of 5 years consequent to Ext.R3(a) order is filled up by a temporary hand, who is not included in Ext.P2 seniority list. In view of the availability of vacancy for a period of more than 5 years, the respondents shall see that a candidate who is included in the seniority list is accommodated in such vacancies of long duration in preference to temporary hands. In case rank No.5 is not interested in joining, petitioner shall be accommodated in that vacancy.