GYAMAR GAGUNG Vs. STATE OF ARUNACHAL PRADESH

JUDGEMENT

(1.) Heard Mr. T.T. Tara, the learned counsel for the petitioners. Also heard Mr. S. Tapin, the learned Senior Govt. Advocate, appearing for the State respondents No. 1, 2 and 3, Ms. N. Danggen, learned counsel for the respondent No.4 and Mr. R.B. Yadav, the learned counsel for respondent No.5.

(2.) By this writ petition filed under Article 226 of the Constitution of India, the 9 (nine) petitioners herein, who are all serving as Child Development Project Officers ('CDPO' for short) under the Directorate of Women and Child Development, Govt. of Arunachal Pradesh, have prayed that (1) a writ of mandamus be issued, declining Column 11(1)(ii) of the Deputy Director (Women and Child Development) Group A Non Ministerial Recruitment Rules, 2013 (hereinafter referred to as "2013 Recruitment Rules") by which the Programme Officer/ Principal have been given 8% reservation for promotion to the post of Deputy Director, Integrated Child Development Services ('ICDS' for short), (2) for a writ of mandamus, directing the official respondent to provide for appropriate avenues for promotion to the grade of Deputy Director, ICDS for the CDPO's by enacting / reformulating appropriate provisions in the 2013 Recruitment Rules, (3) for quashing/ setting- aside order dated 24.04.2015 issued by the Commissioner, ICDS, Govt. of India, whereby the representation submitted by the petitioners has been disposed of.

(3.) The learned counsel for the petitioner has submitted that ICDS is a 100% centrally sponsored scheme dedicated to providing nutrition and education to the children. The Department of Women and Child Development, Govt. Of A.P. is the nodal department that looks after the implementation of ICDS in the State level. At the basic grassroots level, the Anganwadi Workers (AWWs) and Anganwadi Helpers (AWHs) are responsible for the implementation of the scheme. At the Block level, which is identified as ICDS projects, the CDPOs look after the implementation and supervision of ICDS services and at the district level, the Deputy Director (ICDS) is responsible for the implementation, monitoring, supervision and reporting of ICDS services. The CDPO and Deputy Director (ICDS) are also responsible for carrying out effective co-ordination and co-operation with the other allied department like education, health and family welfare, PHE, General Administration, etc at their respective levels. It is also submitted that at different point of times, various Rules were brought in force for regulating the service in the field of Child Development Schemes, In this regard, the learned counsel for the appellant has relied on the following Rules in force from time to time:-