Kerala High Court

WRIT PETITION 13515 OF 2023 on 31 August 1984

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE N.NAGARESH

THURSDAY, THE 13[TH] DAY OF APRIL 2023 / 23RD CHAITHRA, 1945WP(C) NO. 13515 OF 2023

PETITIONERS:

1OMANA. AAGED 61 YEARSAGED 61 YEARS

ANGANWADI WORKER, CENTRE NO.52, MYLAMKULAM, PUTHUR-P.O., KOLLAM-691 507 AND RESIDING AT MULLIKKATTU CEEDU, ATTUVASSERI, MAVADI-P.O., KOTTARAKKARA, KOLLAM, PIN - 691507

2ELAMMA. MAGED 61 YEARSAGED 61 YEARS

ANGANWADI WORKER, CENTRE NO.85, KARIKKAL, KARMPINPUZHA-P.O., KOLLAM-691 507 AND RESIDING AT THEKKADATH KIZHAKKETHIL, KARMPINPUZHA-P.O., KOLLAM-, PIN - 691507

3SREE DEVI AMMA. DAGED 61 YEARSAGED 61 YEARS

ANGANWADI WORKER, CENTRE NO.73,

SREE NARAYANAPURAM,PAVITHRASWARAM-P.O., KOLLAM-691 507 AND RESIDING AT KOCHUPARACKAL VEEDU, THAZHAM, KARIMPINPUZHA-P.O., PUTHUR, KOLLAM, PIN - 691507

4VASANTHAKUMARI. MAGED 61 YEARS,ANGANWADI WORKER, CENTRE NO.96, AGED 61 YEARS,ANGANWADI WORKER, CENTRE NO.96, S.N. PURAM,PAVITHRESWARAM-P.O., KOLLAM-691 524 AND RESIDING MUKALIL VEEDU, S.N. PURAM, PAVITHRESWARAM- P.O.,KOLLAM, PIN - 691524

5LATHIKAMANI. DAGED 62 YEARSANGANWADI WORKER, CENTRE NO.98, MARANAD WEST, KARUVELIL-P.O., KOLLAM-691 505 AND RESIDING ATHULIYA, KARIKKAL,KARIMPINPUZHA-P.O., KOLLAM-691 507., AGED 62 YEARSANGANWADI WORKER, CENTRE NO.98, MARANAD WEST, KARUVELIL-P.O., KOLLAM-691 505 AND RESIDING ATHULIYA, KARIKKAL,KARIMPINPUZHA-P.O., KOLLAM-691 507., BY ADV N.UNNIKRISHNAN

Page 1 of 5

RESPONDENTS:

1STATE OF KERALAREPRESENTED BY THE SECRETARY TO THE GOVERNMENT, SOCIAL JUSTICE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001., REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, SOCIAL JUSTICE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001., REPRESENTED BY THE SECRETARY TO THE GOVERNMENT, PIN - 695001

2THE DIRECTORSOCIAL JUSTICE DEPARTMENT, GOVERNMENT OF KERALA VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033SOCIAL JUSTICE DEPARTMENT, GOVERNMENT OF KERALA VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033

3THE ADDITIONAL CHILD DEVELOPMENT PROJECT OFFICERINTEGRATED CHILD DEVELOPMENT SCHEME PROJECT, KULAKKADA-P.O., KOLLAM, PIN – 691521INTEGRATED CHILD DEVELOPMENT SCHEME PROJECT, KULAKKADA-P.O., KOLLAM, PIN – 691521

SMT.K.G.SAROJINI-GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FORADMISSION ON 13.04.2023, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING:

Page 2 of 5

JUDGMENT

Dated this the 13[th] day of April, 2023

The petitioners are working as Anganwadi Workers. Asper the Government Order dated 31.05.2012, they have to retire at the age of 62 years in the month of April, 2023. However, theGovernment has principally agreed to fix the retirement age at65 years on the basis of the recommendation of the ExpertCommittee, contend the petitioners.

2. The petitioners have approached this Court seekingto direct the respondents to permit them to continue in serviceon contract basis till regular hands join, because there aredearth of Anganwadi Workers and no one has been postedagainst the posts held by the petitioners, on their retirement.Unless this Court interferes in the matter, the petitioners will beput to untold hardship, contend the petitioners.

The petitioners have approached this Court seeking

Page 3 of 5

3. As the petitioners have submitted Exts.P4 to P8

representations in this regard before the 2[nd] respondent, I amof the opinion that it will be only in the fitness of things that the2[nd] respondent considers those representations and takes adecision thereon in an expeditious manner.

The writ petition is therefore disposed of directing the 2[nd]

respondent to consider Exts.P4 to P8 representationssubmitted by the petitioners and to take appropriate decisionthereon, within a period of one month.

sd/-

hmh

N.NAGARESH

JUDGE

Page 4 of 5

APPENDIX OF WP(C) 13515/2023

PETITIONER EXHIBITS

Exhibit-P1

A TRUE COPY OF ORDER NO.VTC.601/83 DATED 31.08.1984 ON 16.07.1984. A TRUE COPY OF ORDER NO.A-192/2017 DATED 19.12.2017

ExhibitP2

ExhibitP3

A TRUE COPY OF ORDER NO.ICDS/VK/1021/06DATED 31.07.2007 ISSUED BY VETTIKAVALA CDPO

ExhibitP4

. A TRUE COPY OF REPRESENTATION DATED 26.02.2023 FILED BY THE FIRST PETITIONER BEFORE THE 2ND RESPONDENT. A TRUE COPY OF REPRESENTATION DATED 06.03.2023 FILED BY THE SECOND PETITIONER BEFORE THE 2ND RESPONDENTA TRUE COPY OF REPRESENTATION DATED 06.03.2023 FILED BY THE THIRD PETITIONER BEFORE THE 2ND RESPONDENTA TRUE COPY OF REPRESENTATION DATED 26.02.2023 FILED BY THE FOURTH PETITIONER BEFORE THE 2ND RESPONDENT

ExhibitP5

ExhibitP6

ExhibitP7

ExhibitP8. A TRUE COPY OF REPRESENTATION DATED 26.02.2023 FILED BY THE FIFTH PETITIONER BEFORE THE 2ND RESPONDENT

RESPONDENT’S EXHIBITS : NIL

Page 5 of 5

Loading citations and judicial treatment…

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead