RAJESHREE RAJARAM GHUDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Ms.Jyoti Chavan in support of this Petition. Mr.Sonawane, A.G.P. appears for the Respondent Nos.1, 2 and 3. Mr.Thorat appears for the Respondent Nos.4 and 5.

(2.) The Petitioners, herein are 37 ladies who claim to be working at different villages in Shahapur and Murbad Talukas of Thane District for a number of years as Balwadi Sevikas. The Petitioners are aggrieved by the denial of the Respondents to appoint them or to convert their services from those of Balwadi Sevikas into those of Anganwadi Sevikas. They point out that an advertisement was issued for the appointment to the post of Anganwadi Sevikas on 11th January, 2005 by the concerned officers in charge of Child Development Project of Murbad. They appeared for those interviews but having been denied the conversion to the posts of Anganwadi Sevikas, they point out that this is being done on the basis of a Government Resolution which has been issued subsequently on 9th February, 2005. Amongst other prayers, the Petition seeks to challenge this Government Resolution of 9th February, 2005. It is submitted by Ms.Chavan,the learned counsel for the Petitioners, that inasmuch as the Petitioners were appointed prior to the said resolution under the rules existing earlier at the time when the advertisement was issued, the same will have to be looked into. The Petition was filed on 27th May, 2005 after the interviews were held in January/February, 2005. The Division Bench of this Court passed an order on 13th July, 2005 directing Respondents not to make any further appointments to the post of Anganwadi Sevikas in Murbad and Shahapur areas. Notice was directed to be issued to the Respondent No.1 indicating that the Petition may be disposed of at the admission stage itself.

(3.) Reply has been filed by one, Mrs.Pranali Chitnis Under Secretary to the Government affirmed on 23rd June, 2006. Extracts from the Manual on Integrated Child Development Services has been annexed to this affidavit as also the Government Resolution dated 9th February, 2005. As far as the conditions of eligibility for the appointment to the post of Anganwadi Sevikas is concerned, in this affidavit paragraph 6 very fairly refers to Guide-lines No.5:25 of the manual which reads as follows: