Leela P.T. and Others v. State of Kerala and Others (W.P.(C). Nos. 38244 of 2016; 12879 of 2018; 20669 of 2018; 21569 of 2018; and 1181 of 2019)

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY ,THE 07TH DAY OF MARCH 2019 / 16TH PHALGUNA, 1940** **WP(C).No. 38244 of 2016** ## **PETITIONER/S:** **1 LEELA P.T., AGED 41 YEARS PALLIYALILTHODI HOUSE, EDAYOOR.P.O, ATHIPATTA, MALAPPURAM DISTRICT.** - **2 SOMIYA.P, PADIKKAPARAMBIL HOUSE,PO VADAKKUMPURAM,VALANCHERI,MALAPPURAM DISTRICT.** - **3 SOUMYA.U, KADUMKULANGARA HOUSE,PO EDAYUR NORTH,VALANCHERI,MALAPPURAM DISTRICT.** - **4 DHANYA.T, W/O.BIJU.E.P,ERANHIPALATHINGAL HOUSE,ATHIPATTA,EDAYUR.P.O, MALAPPURAM DISTRICT.** - **BY ADVS. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA SMT.D.S.THUSHARA** ## **RESPONDENT/S:** - **1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF SOCIAL WELFARE,SECRETARIAT, THIRUVANANTHAPURAM-695001.** - **2 DIRECTOR OF SOCIAL WELFARE 5TH FLOOR,VIKAS BHAVAN,PALAYAM PMG ROAD,THIRUVANANTHAPURAM-695033.** - **3 DISTRICT SOCIAL WELFARE OFFICER** 2 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 **CIVIL STATION,CIVIL STATION RD,UP HILL, MALAPPURAM-676505.** **4 CHILD DEVELOPMENT PROJECT OFFICER ICDS,KUTTIPURAM, MALAPPURAM-679571.** ## **OTHER PRESENT:** ## **SR.GP SRI.BIJOY CHANDRAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.03.2019, ALONG WITH WP(C).1181/2019, WP(C).12879/2018, WP(C).20669/2018, WP(C).21569/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 3 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY ,THE 07TH DAY OF MARCH 2019 / 16TH PHALGUNA, 1940** **WP(C).No. 1181 of 2019** ## **PETITIONER/S:** **MINI M AGED 45 YEARS D/O.KANAKAM, MANGARY HOUSE, VALLACHIRA, ARATTUPUZHA P.O., THRISSUR DISTRICT.** **BY ADVS. SMT.REKHA VASUDEVAN SMT.V.DEEPA SRI.K.S.BABU** ## **RESPONDENT/S:** **1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF INDIA, MINISTRY OF WOMEN AND CHILD DEVELOPMENT, SHASTRI BHAVAN, NEW DELHI-110 001. 2 STATE OF KERALA, REPRESENTED BY THE SECRETARY, SOCIAL WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.** - **3 THE DIRECTOR OF SOCIAL WELFARE, THE DIRECTORATE OF SOCIAL WELFARE, VIKAS BHAVAN, THIRUVANANTHAPURAM-695 033.** - **4 CHILD DEVELOPMENT PROJECT OFFICER,** 4 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 **PALAKKAL, PALISSERY P.O., CHERPU, THRISSUR DISTRICT-680 027.** **5 ADDL.R5 IS IMPLEADED** **THE DIRECTOR OF WOMEN AND CHILD DEVELOPMENT, POOJAPURA, THIRUVANANTHAPURAM, PIN-695012 (ADDL.R5 IS IMPLEADED AS PER ORDER DATED 07.2.2019 IN IA.NO. 1/2019)** **BY ADVS. SRI.JAISHANKAR V.NAIR, CGC** **SR.GP SRI.BIJOY CHANDRAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.03.2019, ALONG WITH WP(C).21569/2018, WP(C).20669/2018, WP(C).12879/2018, WP(C).38244/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 5 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY ,THE 07TH DAY OF MARCH 2019 / 16TH PHALGUNA, 1940** **WP(C).No. 12879 of 2018** ## **PETITIONER/S:** **PREETHI G. PUTHENVEEDU, ARAYANGODU, THENKARA.P.O, MANNARKKAD, PALAKKAD. PIN-678762.** **BY ADVS. SRI.S.SANTHOSH KUMAR SMT.P.LISSY JOSE** ## **RESPONDENT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY ITS SECRETARY,**| ||**SECRETARY TO GOVERNMENT,**| ||**SOCIAL JUSTICE DEPARTMENT,**| ||**SECRETARIAT,**| ||**THIRUVANANTHAPURAM,PIN-695001.**| |**2**|**THE DIRECTOR**| ||**SOCIAL JUSTICE DIRECTORATE,**| ||**SOCIAL WELFARE BHAVAN,POOJAPPURA,**| ||**THIRUVANANTHAPURAM-695012.**| |**3**|**THE CHILD DEVELOPMENT PROJECT OFFICER**| ||**CHILD DEVELOPMENT PROJECT OFFICE,MANNARKAD,**| ||**PALAKKAD.PIN-678768.**| 6 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 - **4 THE BLOCK PANCHAYAT MANNARKAD, PIN 678582, REPRESENTED BY ITS SECRETARY.** - **5 THENKARA GRAMA PANCHAYAT THENKARA.P.O, MANNARKAD, PALAKKAD.PIN-678762 REPRESENTED BY ITS SECRETARY.** **BY ADV. SR.GP SRI.BIJOY CHANDRAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.03.2019, ALONG WITH WP(C).1181/2019, WP(C).21569/2018, WP(C).20669/2018, WP(C).38244/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 7 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY ,THE 07TH DAY OF MARCH 2019 / 16TH PHALGUNA, 1940 WP(C).No. 20669 of 2018** ## **PETITIONER/S:** - **1 RAJALAKSHMI P.P W/O.M.R.RADHAKRISHNAN, AGED 54 YEARS, ICDS MALLAPPALLY, BLOCK OFFICE COMPOUND, MALLAPPALLY, MALLAPPALLY WEST P.O.,RESIDING AT RADHUL NIVAS, KAVIYOOR P.O., THIRUVALLA, PATHANAMTHITTA.** - **2 ANILA V.C. D/O.P.P.CHOTHAN, AGED 36 YEARS, ICDS MALLAPPALLY, BLOCK OFFICE COMPOUND, MALLAPPALLY, MALLAPPALLY WEST P.O.,RESIDING AT VAZHAKALAYIL, KAVIYOOR P.O., THIRUVALLA, PATHANAMTHITTA DISTRICT.** - **3 SANTHAMMA K.C. W/O.VIJAYAKUMAR K.K., AGED 52 YEARS, ICDS MALLAPPALLY,BLOCK OFFICE COMPOUND, MALLAPPALLY, MALLAPPALLY WEST P.O.,RESIDING AT KASTHURIKKUNNIL HOUSE, KOTTOR P.O., THIRUVALLA, PATHANAMTHITTA.** - **4 NIRMALA W/O.CHANDRA BABU, AGED 49 YEARS, ICDS MALLAPPALLY,BLOCK OFFICE COMPOUND, MALLAPPALLY, MALLAPPALLY WEST P.O.,RESIDING AT NEERVELIL, THURATHIKKADU P.O., KOLLOOPARA.** **5 SUMA P.JOSEPH W/O.T.G.SAROJAN, AGED 47 YEARS, ICDS MALLAPPALLY,BLOCK OFFICE COMPOUND, MALLAPPALLY, MALLAPPALLY WEST P.O.,RESIDING AT THULLAN VAYALIL,** W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 8 ## **PUTHUSSERY P.O., MALLAPPALLY.** - **6 SOUDAMINI K.P.** - **W/O.SIVADAS, AGED 49 YEARS, ICDS MALLAPPALLY,BLOCK OFFICE COMPOUND, MALLAPPALLY, MALLAPPALLY WEST P.O.,RESIDING AT THOPPIL HOUSE, ANJILITHANAM P.O.** - **7 SINDHU K.K.** **W/O.VIJAYAKUMAR N.P., AGED 39 YEARS, ICDS MALLAPPALLY,BLOCK OFFICE COMPOUND, MALLAPPALLY, MALLAPPALLY WEST P.O.,RESIDING AT KOLLAM PURAMBIL, THURUTHIKKADU P.O., KOLLOOPPARA.** - **8 SUNITHA P.T. W/O.SANTHOSH, AGED 41 YEARS, I.C.D.S. * SUBSTITUTED WITH MALLAPPALLY ADDITIONAL, CHANGANASSERY P.O., RESIDING AT PUTHUPARAMBIL, PALLICKACHIRA P.O., PAIPPADU.(MADAPPALLY ADDITIONAL - IS SUBSTITUTED IN THE PLACE OF - MALLAPPALLY ADDITIONAL AS PER ORDER DATED 13.07.2018 IN IA 12316/18 )** - **9 BEENA S. W/O.ANIL, AGED 42 YRS, I.C.D.S. * SUBSTITUTED WITH MALLAPPALLY ADDITIONAL, CHANGANASSERY P.O., RESIDING AT KALLUPARAMBIL, NALUKODY P.O., PAIPPADU. (MADAPPALLY ADDITIONAL - IS SUBSTITUTED IN THE PLACE OF - MALLAPPALLY ADDITIONAL AS PER ORDER DATED 13.07.2018 IN IA 12316/18 )** - **10 BIJI K.G. W/O.P.N.BABU, AGED 50 YEARS, I.C.D.S. * SUBSTITUTED WITH MALLAPPALLY ADDITIONAL, CHANGANASSERY P.O. (MADAPPALLY ADDITIONAL - IS SUBSTITUTED IN THE PLACE OF - MALLAPPALLY ADDITIONAL AS PER ORDER DATED 13.07.2018 IN IA 12316/18)** - **11 MINI SEBASTIAN W/O.MATHEW, AGED 49 YRS, I.C.D.S. * SUBSTITUTED WITH MALLAPPALLY ADDITIONAL, CHANGANASSERY P.O., RESIDING AT VALAM PURAMBIL, PERUNNA P.O., CHANGANASSERY.(MADAPPALLY ADDITIONAL - IS SUBSTITUTED IN THE PLACE OF - MALLAPPALLY ADDITIONAL AS PER ORDER DATED 13.07.2018 IN IA 12316/18)** 9 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 - **12 MINI NARAYANAN W/O.RAJU C., AGED 49 YRS, I.C.D.S. * SUBSTITUTED WITH MALLAPPALLY ADDITIONAL, CHANGANASSERY P.O., RESIDING AT ALLI MANGALAM, KURISUMMOODU P.O., CHERRY.(MADAPPALLY ADDITIONAL - IS SUBSTITUTED IN THE PLACE OF - MALLAPPALLY ADDITIONAL AS PER ORDER DATED 13.07.2018 IN IA 12316/18 )** - **13 BINCY JOSEPH W/O.JIMMICHEN JOSEPH, AGED 41 YRS., I.C.D.S. * SUBSTITUTED WITH MALLAPPALLY ADDITIONAL, CHANGANASSERY P.O., RESIDING AT VELUTHEDUTHE, THURUTHI P.O., CHERRY.(MADAPPALLY ADDITIONAL - IS SUBSTITUTED IN THE PLACE OF - MALLAPPALLY ADDITIONAL AS PER ORDER DATED 13.07.2018 IN IA 12316/18 )** - **14 MINI T.R. W/O.MURUKAN, AGED 44 YRS, I.C.D.S. * SUBSTITUTED WITH MALLAPPALLY ADDITIONAL, CHANGANASSERY P.O., RESIDING AT KULANGARA, PERUNNA P.O., CHERRY, PIN686 102.(MADAPPALLY ADDITIONAL - IS SUBSTITUTED IN THE PLACE OF - MALLAPPALLY ADDITIONAL )** - **15 SUSEEELA K.P. D/O.SHAJI, AGED 51 YRS, I.C.D.S. * SUBSTITUTED WITH MALLAPPALLY ADDITIONAL, CHANGANASSERY P.O., RESIDING AT KONDAKASSERRY, KOTTAMURY P.O., CHANJODY CHERRY, PIN-686 105.(MADAPPALLY ADDITIONAL - IS SUBSTITUTED IN THE PLACE OF - MALLAPPALLY ADDITIONAL AS PER ORDER DATED 13.07.2018 IN IA 12316/18 )** ## **16 VISHALKSHI O.** **W/O.OMANAKKUTTA P., AGED 45 YRS, I.C.D.S. * SUBSTITUTED WITH MALLAPPALLY ADDITIONAL, CHANGANASSERY P.O., RESIDING AT OUSAYIL PERUNNA WEST, PANACHIKKAVU P.O., CHERRY, PIN-686 102. (MADAPPALLY ADDITIONAL - IS SUBSTITUTED IN THE PLACE OF - MALLAPPALLY ADDITIONAL AS PER ORDER DATED 13.07.2018 IN IA 12316/18 )** **17 NASERA B. W/O.SHIBIN, AGED 47 YRS, I.C.D.S. * SUBSTITUTED WITH MALLAPPALLY ADDITIONAL, CHANGANASSERY P.O.,** 10 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 **PAIPPADU, CHANGANASSERY, RESIDING AT KAINICKARA HOUSE, VEROOR P.O., CHANGANASSERY, PIN-686104. (MADAPPALLY ADDITIONAL - IS SUBSTITUTED IN THE PLACE OF - MALLAPPALLY ADDITIONAL AS PER ORDER DATED 13.07.2018 IN IA 12316/18)** ## **18 SOBHA O.N.** **W/O.MURALIDHARAN, AGED 35 YRS, I.C.D.S. * SUBSTITUTED WITH MALLAPPALLY ADDITIONAL, CHANGANASSERY P.O., CHANGANASSERY, RESIDING AT VETTU PARAMBIL (H), CHEERAMCHIRA P.O., CHANGANASSERY.(IN THE CAUSE TITLE OF PETITIONERS 8 TO 18 -MADAPPALLY ADDITIONAL - IS SUBSTITUTED IN THE PLACE OF - MALLAPPALLY ADDITIONAL - AS PER ORDER DATED 13.07.2018 IN IA 12316/18.)** - **19 SUKUMARI K.K.** - **W/O.SUKUMARI K.K., AGED 59 YRS, ICDS MALLAPPALLY,BLOCK OFFICE COMPOUND, MALLAPPALLY, MALLAPPALLY WEST P.O.,RESIDING AT MUTTATHUAARYIL, KAVIYOOR P.O., THIRUVALLA, PIN-689582.** ## **BY ADV. SRI.SAJITH KUMAR V.** ## **RESPONDENT/S:** - **1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT OF INDIA, MINISTRY OF WOMEN AND CHILD DEVELOPMENT, SASTHRI BHAVAN, NEW DELHI-110001.** - **2 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT, SOCIAL WELFARE DEPARTMENT, STATE SECRETARIAT, TRIVANDRUM-695 001.** - **3 THE DIRECTOR OF SOCIAL WELFARE, DIRECTORATE OF SOCIAL WELFARE VIKAS BHAVAN, TRIVANDRUM-695004.** - **4 ADDITIONAL R4 LEELA P.T.** **PALLIYALILTHODI HOUSE, EDAYOOR P.O., ATHIPATTA,** W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 11 ## **MALAPPURAM DISTRICT.** ## **ADDITIONAL R4 TO R7 IMPLEADED** - **5 ADDITIONAL R5 SOMIYA P., PADIKKAPARAMBIL HOUSE, P.O.VADAKKUMPURAM, VALANCHERRI, MALAPPURAM DISTRICT.** - **6 ADDITIONAL R6 SOUMYA U., KADUMKULANGARA HOUSE, P.O., EDAYUR NORTH, VALANCHERRI, MALAPPURAM DISTRICT.** - **7 ADDITIONAL R7** **DHANYA T., W/O.BIJU E.P., ERANHIPALATHINGAL HOUSE, ATHIPATTA, EDAYUR P.O., MALAPPURAM DISTRICT. (ADDITIONAL R4 TO R7 ARE IMPLEADED AS PER ORDER DATED 6.8.2018 IN IA 12688/2018).** ## **ADDL.R8 IMPLEADED** **8 ADDL.R8. ATHIRA K.P.NATH D/O.REGUNATH, AGED 30 YEARS, CHARINJAVILAYIL, KADUVINAL PO., VALLIKUNNAM, ALAPPUZHA, PIN - 690501 (ADDL.R8 IMPLEADED AS PER ORDER DATED 04.10.2018 IN I.A.NO.5/18.)** **ADDL.R9 IMPLEADED** **9 ADDL.R9. JISHNA G.PILLAI AGED 22 YEARS, D/O.GOPINATHAN PILLAI, GOPISADHANAM, KALLIMEL P.O., MAVELIKKARA, ALAPPUZHA DISTRICT, NOW WORKING AS WORKER ON TEMPORARY BASIS IN ANGANVADI NO.48 OF CHUNAKKARA GRAMA PANCHAYATH, BHARANIKAVU BLOCK PANCHAYATH IN ALAPPUZHA DISTRICT. (ADDL.R9 IMPLEADED AS PER ORDER DATED 04.10.2018 IN IA 8/2018.)** **ADDL.R10 TO R18 IMPLEADED** **10 ADDL.R10.** W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 12 ## **MINI K.L.** **AGED 49 YEARS, NOCHIRUVALAPPIL HOUSE, NEAR KSRTC BUS STAND, KANDESWARAM, IRINJALAKKUDA WEST, THRISSUR.** - **11 ADDL.R11. SUMA P. W/O.GOKUL DAS, PATTAYIL HOUSE, MADAYIKKONAM, IRINJALAKKUDA, THRISSUR.** - **12 ADDL.R12. K.V.INDIRA VIRIPPERI HOUSE, PORATHISSERY P.O., IRINJALAKKUDA, THRISSUR.** - **13 ADDL.R13. SREEJA P.B. W/O.SATHEESAN (LATE), POYYARA (HOUSE), EDATHIRUTHY P.O., KUMBALAPARAMBIL, THRISSUR.** - **14 ADDL.R14. RAJITHA N.N. NOCHUPARAMBIL (HOUSE), MADAYIKKONAM P.O., IRINJALAKKUDA, THRISSUR.** - **15 ADDL.R15. MEENA K. KUZHUPPULLY (HOUSE), MADAYIKKONAM P.O., IRINJALAKKUDA, THRISSUR.** - **16 ADDL.R16. AJITHA A.C. PULIKKAL (HOUSE), PARK ROAD, IRINJALAKKUDA, THRISSUR.** - **17 ADDL.R17. P.G.SHEEJA KAKKULANGARA (HOUSE), PALLAM, NEDUMBAI, THOTTIPPAL (P.O), THRISSUR.** **18 ADDL.R18. SINDHU P.G. PANAPARAMBIL (HOUSE), ALATHOOR, ANANTHAPURAM, NELLAYI, THRISSUR. (ADDL.R10 TO R18 ARE IMPLEADED AS PER ORDER DATED** W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 13 ## **04.10.2018 IN IA 11/2018.)** **ADDL.R19 IMPLEADED** - **19 ADDL.R19. RADHAMANY AMMA L. AGED 53, W/O.VIJAYAKUMARAN PILLAI, RESIDING AT VIJAYA VILASOM, PADINJATTELA, MADAVOOR P.O., THIRUVANANTHAPURAM - 695602.** **(ADDL.R19 IMPLEADED AS PER ORDER DATED 04.10.2018 IN IA 14166/2018.)** ## **ADDL.R20 TO R22 IMPLEADED** - **20 ADDL.R20.** **TINKLE JOHN P.J. AGED 31, D/O.PUSHPAKUMARI, VIRALIVILA VEEDU, VADUVOORKONAM, AYIRA PO., THIRUVANANTHAPURAM - 695502.** - **21 ADDL.R21. SREEKALA C.** **AGED 48, D/O.CHANDRAMATHY AMMA, MANIKANDA VILASOM, ERICHALLOOR, PLAMOOTTUKADA PO., THIRUVANANTHAPURAM - 695128.** - **22 ADDL.R22. LITTLE FLOWER AGED 47, D/O.MARY, MOHANA SADANAM, PLAMOOTTUKADA PO., THIRUVANANTHAPURAM - 695128.** **(ADDL.R20 TO R22 ARE IMPLEADED AS PER ORDER DATED 04.10.2018 IN IA.NO.4/2018.)** ## **ADDITIONAL R23 TO R44 IMPLEADED** - **23 ADDL.R23. BIJUNA C.K.** - **W/O.KUMARAN, AGED 43 YEARS, ICDS KONDOTTY, ADDITIONAL BLOCK OFFICE, KONDOTTY, RESIDING AT NARIKKOTTU PALLIYALI HOUSE, VAIDIARANGADI P.O., RAMANATTUKARA, MALAPPURAM DISTRICT.** - **24 ADDL.R.24. DEEPA.K., AGED 43 YEARS** 14 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 **W/O.PADMANABHAN, ICDS KONDOTTY ADDITIONAL , RESIDING AT PADMASREE, CHEROTH HOUSE, PULIKKAL, MALAPPURAM DISTRICT, PIN- 673637.** **25 ADDL.R25. BINDINI V., AGED 33 YEARS W/O.DILEESH, ICDS KONDOTTY ADDITIONAL, BLOCK OFFICE, KONDOTTY, RESIDING AT MANNARAKKAL HOUSE, PUTHUKODE P.O., RAMANATTUKARA, MALAPPURAM DISTRICT.** **26 ADDL.R26. REEJA E., AGED 46 YEARS W/O.VELAYUDHAN, ICDS KONDOTTY ADDITIONAL, BLOCK OFFICE, KONDOTTY, RESIDING AT MANNARAKKAL HOUSE, PUTHUKODE P.O., RAMANATTUKARA, MALAPPURAM DISTRICT. 27 ADDL.R.27. ROSHITHA P., AGED 38 YEARS W/O.MUJEEB, ICDS KONDOTTY ADDITIONAL, BLOCK OFFICE, KONDOTTY, RESIDING AT MANNARAKKAL HOUSE, PUTHUKODE P.O., RAMANATTUKARA, MALAPPURAM DISTRICT. 28 ADDL.R.28. BINDU P., W/O.SASIKUMAR, ICDS KONDOTTY ADDITIONAL, BLOCK OFFICE, KONDOTTY, RESIDING AT MANNARAKKAL HOUSE, PUTHUKODE P.O.,RAMANATTUKARA, MALAPPURAM DISTRICT.** **29 ADDL.R29. SHEEBA T.RAJASEKHARAN, AGED 39 YEARS D/O.KRISHNAN, (ICDS KONDOTTY), RESIDING AT PARAKKUNNUMMEL HOUSE, OLAVATTOOR P.O., MALAPPURAM DISTRICT.** **30 ADDL.R.30. SUSEELA VELAYUDHAN P., D/O.CHELLIKUTTY THE LATE (ICDS KONDOTTY), PANDIYATTUPPURAM HOUSE, ANDIYORKUNNU P.O., PULIKKAL, MALAPPURAM DISTRICT. 31 ADDL.R.31.** W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 15 **USHA K.P., D/O.CHANDRAN K.P. (ICDS KONDOTTY), RESIDING AT KODAPARAMBIL HOUSE, VALIYAPARAMBA P.O., PULIKKAL VIA., MALAPPURAM DISTRICT.** - **32 ADDL.R.32. RAGINI.N., D/O.CHOOLAN THE LATE (ICDS KONDOTTY), KODAPARAMBIL HOUSE, VALIYAPARAMBA, PULIKKAL VIA., MALAPPURAM DISTRICT.** - **33 ADDL.R.33. JALAJA K.T., AGED 38 YEARS D/O.KANNAN K.T., (ICDS KONDOTTY), KANCHIRATHADAYI HOUSE, VALIYAPARAMBU P.O., PULIKKAL VIA., MALAPPURAM DISTRICT.** - **34 ADDL.R.34. THANKAMANI VASU, AGED 45 YEARS D/O.KUTTAN (ICDS KONDOTTY), CHENNEERI HOUSE, VALIYAPARAMBA, PULICKAL VIA., MALAPPURAM DISTRICT.** - **35 ADDL.R.35. BABY RAJANI, AGED 47 YEARS W/O.SATHYAN (ICDS KONDOTTY), KUYIPANA MANNARAKKAL HOUSE, AROOR OLAVATTOOR P.O., MALAPPURAM DISTRICT.** **36 ADDL.R.36. SUREKHA E., AGED 43 YEARS W/O.KRISHNANKUTTY (ICDS KONDOTTY ADDITIONAL), RESIDING AT PANACKAL HOUSE, PONEMBAZHAM, KARATTUPARAMBU P.O., MALAPPURAM DISTRICT.** **37 ADDL.R.37. SHEENA M., AGED 39 YEARS W/O.MADHUSOODHANAN, (ICDS KONDOTTY ADDITIONAL), RESIDING AT KOYALICKAL POTTAMMEL HOUSE, AZHINJILAM P.O., MALAPPURAM DISTRICT.** - **38 ADDL.R.38.** 16 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 **DEVI M., AGED 47 YEARS W/O.SURESH BABU, (ICDC KONDOTTY ADDITIONAL), MANNARAKKAL HOUSE, VAZHIYOOR P.O., RAMANATTUKARA, MALAPPURAM DISTRICT.** **39 ADDL.R.39. SHYNI N., AGED 40 YEARS ELABILASSERY HOUSE, (ICDS KONDOTTY ADDITIONAL), AZHINJILAM, MALAPPURAM DISTRICT.** - **40 ADDL.R.40. SULOCHANA K., AGED 47 YEARS** **W/O.PREM MANOJ, (ICDS KONDOTTY ADDITIONAL), MADATHIL PARAMBU HOUSE, AZHINJILAM P.O., MALAPPURAM DISTRICT.** - **41 ADDL.R.41. SMITHA, AGED 34 YEARS** **W/O.SIVASANKARAN, (ICDS KONDOTTY), RESIDING AT KADUNGENHODI HOUSE, VILAYIL P.O., KUZHIMANNA VIA., MALAPPURAM DISTRICT- 673641.** **42 ADDL.R42. THANKAMANI V.,** **W/O.SUDHAKARAN (ICDS KONDOTTY), PANGANOTTU HOUSE, VILAYIL P.O, KUZHIMANNA, MALAPPURAM DISTRICT, PIN673641.** **43 ADDL.R.43. NISHA M., W/O.CHANDRAN, (ICDS KONDOTTY), AKKRAMMAL HOUSE, MUTHUPARAMB P.O., MALAPPURAM DISTRICT- 673638.** **44 ADDL.R.44.BABITHA K.V., W/O.RAJESH BABU, KACRA HOUSE, VILAYIL P.O., KUZHIMANNA, MALAPPURAM DISTRICT- 673638. (ADDITIONAL R23 TO R44 ARE IMPLEADED AS PER ORDER DATED 15.11.2018 IN I.A.NO.12 OF 2018).** **ADDL.R45 TO R72 IMPLEADED** 17 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 ## **45 ADDL.R45 ANITHA K P AGED 46 YEARS** **W/O RAGHAVAN, VELLANGATT HOUSE, VAIKKILASSERY PO, CHORODE GRAMA PANCHAYATH, VATAKARA BLOCK, KOZHIKODE DISTRICT, PIN-673308.** - **46 ADDL.R46 AMBILI K P AGED 39 YEARS** **W/O GIREESH, KAKKUZHIYULLA PARAMBATH HOUSE, VILLIAPPALLY GRAMA PANCHAYATH, THODANNUR BLOCK, KOZHIKODE DISTRICT, PIN-673106.** ## **47 ADDL.R47 BABY K** **AGED 49 YEARS** **W/O RAMESAN, KOMATH THAYA KUNI HOUSE, KEEZHAL PO, KUTTOTH, VILLIAPPALLY GRAMA PANCHAYATH, THODANNUR BLOCK, KOZHIKODE DISTRICT, PIN-673106.** ## **48 ADDL.R48 SHYAMALA** **AGED 40 YEARS** **W/O PAVITHRAN, KALLICHATT HOUSE, VILLIAPPALLY GRAMA PANCHAYATH, THODANNUR BLOCK, KOZHIKODE DISTRICT, PIN-673106.** **49 ADDL.R49 BINDU KOODATHIL AGED 40 YEARS** **W/O RAGHUNATH, MALAYIL HOUSE, NADAPURAM GRAMA PANCHAYATH, TUNERI BLOCK, KOZHIKODE DISTRICT, PIN-673504.** - **50 ADDL.R50 RESHMA** **AGED 40 YEARS** **W/O RAVEENDRAN, PANNIKUZHICHALIL HOUSE, VISHNIMANGALAM PO, NADAPURAM GRAMA PANCHAYATH, BLOCK, KOZHIKODE DISTRICT, PIN-673504.** - **51 ADDL.R51 SAJINI K V AGED 40 YEARS** W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 18 **W/O SASI, KRISHNAM VEETTIL HOUSE, KAKKAMVELLI, NADAPURAM GRAMA PANCHAYATH, TUNERI BLOCK, KOZHIKODE DISTRICT, PIN-673504.** - **52 ADDL.R52 CHANDRI V P AGED 47 YEARS** **W/O KUNHIKKANNAN, MALAPPARAMBIL HOUSE, PALAYAT NADA PO, MANIYUR GRAMA PANCHAYATH, THODANNUR BLOCK, KOZHIKODE DISTRICT, PIN-673521.** - **53 ADDL.R53 JISSY T T, W/O.SHAJI AGED 38 YEARS** **VAZHA VALAPPIL HOUSE, MANIYUR PO, PAYYOLI VIA, MANIYUR GRAMA PANCHAYATH, VATAKARA BLOCK, KOZHIKODE DISTRICT, PIN-673523.** - **54 ADDL.R54 MOLI V P AGED 42 YEARS** **W/O SATHYAN, EDAVATH HOUSE, CHERANDATHUR PO, MANIYUR GRAMA PANCHAYATH, VATAKARA BLOCK, KOZHIKODE DISTRICT, PIN-673523.** **55 ADDL.R55 SUJA V P AGED 40 YEARS W/O GANESAN, VALIYA PARAMBATH HOUSE, PALAYAD PO, MANIYUR GRAMA PANCHAYATH, VATAKARA BLOCK, KOZHIKODE DISTRICT, PIN-673521.** **56 ADDL.R56 SINDHU K V AGED 40 YEARS** **W/O SATHYAN, KUTTUVAN VEETTIL HOUSE, PALAYAT NADA PO, IRINGAAL VIA, MANIYUR GRAMA PANCHAYATH, THODANNUR BLOCK, KOZHIKODE DISTRICT, PIN-673521.** - **57 ADDL.R57 SREEJA V K AGED 40 YEARS** **W/O SURESH, PUTHAN PURAYIL MEETHAL HOSUE, MANIYUR GRAMA PANCHAYATH, BLOCK, KOZHIKODE DISTRICT, PIN673523.** 19 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 **58 ADDL.R58 GEETHA K AGED 39 YEARS W/O BABU, KOROTH HOUSE, CHEMMARATHOOR, AYANCHERI GRAMA PANCHAYATH, THODANNUR BLOCK, KOZHIKODE DISTRICT, PIN-673504. 59 ADDL.R59 RADHIKA AGED 39 YEARS W/O SOMAN, THUNDIYIL HOSUE, AYANCHERI GRAMA PANCHAYATH, THODANNUR BLOCK, KOZHIKODE DISTRICT, PIN-673544. 60 ADDL.R60 SUNILA AGED 45 YEARS W/O CHANDRAN, ONTHATH HOUSE, AYANCHERY GRAMA PANCHAYATH, THODANNUR BLOCK, KOZHIKODE DISTRICT, PIN-673544. 61 ADDL.R61 PRASEETHA T.T.K AGED 36 YEARS W/O AJITH KUMAR, MULLERI MEETHATHAL HOUSE, AROOR PO, PURAMERI GRAMA PANCHAYATH, TUNERI BLOCK, KOZHIKODE DISTRICT, PIN-673507. 62 ADDL.R62 PUSHPA K AGED 36 YEARS W/O KARUNAKARAN, KINARULLATHIL HOUSE, PURAMERI GRAMA PANCHAYATH, TUNERI BLOCK, KOZHIKODE DISTRICT, PIN-673507. 63 ADDL.R63 RAJI PV AGED 42 YEARS W/O BALAN, SNEHA SOORYA HOUSE, AROOR PO, PURAMERI GRAMA PANCHAYATH, TUNERI BLOCK, KOZHIKODE DISTRICT, PIN-673507.** **64 ADDL.R64 REENA P AGED 39 YEARS** 20 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 **W/O AJITH, THAZHE VILAKKILERI HOUSE, CHERAPURAM PO, VELAM GRAMA PANCHAYATH, KUNNUMMAL BLOCK, KOZHIKODE DISTRICT, PIN-673512.** **65 ADDL.R65 SAROJINI V K AGED 40 YEARS W/O GOPALAN, MANJODAN KANDIYIL HOUSE, CHERAPURAM PO, VELOM GRAMA PANCHAYATH, KUNNUMMAL BLOCK, KOZHIKODE DISTRICT, PIN-673512.** **66 ADDL.R66 SULATHA AGED 40 YEARS W/O PAVITHRAN, KUNHIPPARAMBIL HOUSE, VELAM GRAMA PANCHAYATH, VATAKARA BLOCK, KOZHIKODE DISTRICT, PIN-673512.** **67 ADDL.R67 SAJITHA V K AGED 41 YEARS W/O BABU, VILARAN KANDY HOUSE, ERAMALA GRAMA PANCHAYATH, VATAKARA BLOCK, KOZHIKODE DISTRICT, PIN-673501.** **68 ADDL.R68 SHEENA K AGED 37 YEARS W/O MOHAN, EDAKKUDY HOUSE, ERAMALA, ORKKATTERI VIA, ERAMALA GRAMA PANCHAYATH, VATAKARA BLOCK, KOZHIKODE DISTRICT, PIN-673501.** - **69 ADDL.R69 SHYBA K P AGED 41 YEARS** **W/O BABU M K, MANBINALIKUNI HOUSE, KURINJALIYODE PO, ERAMALA GRAMA PANCHAYATH, BLOCK, KOZHIKODE DISTRICT, PIN-673501.** **70 ADDL.R70 SMITHA T N AGED 41 YEARS** **W/O SASI, HOUSE, ERAMALA GRAMA PANCHAYATH, VATAKARA BLOCK, KOZHIKODE DISTRICT, PIN-673501.** 21 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 **71 ADDL.R71 RAJI M K AGED 44 YEARS** **W/O BABU, PALLIKKUNI THAZHA KRISHNA HOUSE, ERAMALA GRAMA PANCHAYATH, BLOCK, KOZHIKODE DISTRICT, PIN673501.** **72 ADDL.R72 RESHILA AGED 37 YEARS** **W/O ANIL KUMAR, THOTTOLY HOUSE, , ERAMALA GRAMA PANCHAYATH, BLOCK, KOZHIKODE DISTRICT, PIN-673501. (ADDL.R45 TO R72 ARE IMPLEADED AS PER ORDER DATED 26/11/2018 IN IA.NO.13/2018)** ## **ADDL.R73 TO R76 IMPLEADED** - **73 ADDL.R73 PREETHI.G** **W/O SASIDARAN, PUTHAN VEEDU, THENKARA PO, MANARKAD, PALAKKAD-678762.** **74 ADDL.R74 SUBAIDA.K.V W/O THAJUDEEN (LATE), KODUVALLY HOUSE, CHELANKARA ROAD, MANARKAD PO, PALAKKAD-678582.** **75 ADDL.R75 USHA.N W/O UNNIKRISHNAN B, PALLAKKATU HOUSE, NELLIKUNNU, KANJIRAPUZHA PO, PALAKKAD-678593.** **76 ADDL.R76 SEEJ.A.N** **W/O MANIKANDAN A, ATHIYAM KATTIL HOUSE, THRIKKLOOR PO, THACHAMPARA (VIA), PALAKKAD-678593. (ADDL.R73 TO R76 ARE IMPLEADED AS PER ORDER DATED 17/01/2019 IN IA.NO.01/2019)** ## **ADDL.R77 TO R87 IMPLEADED** **77 ADDL.R77 SAHIDA K.K. AGED 45 YEARS W/O SHAMSUDHEEN, MANAYIL HOUSE, KOLAKKAD PO, ATHOLI** 22 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 **VIA-673 315.** - **78 ADDL.R78 REEJA AGED 41 YEARS** **W/O LOHIDAKSHAN, ARANGATT HOUSE, PALATH PO, KAKODI VIA-673611.** - **79 ADDL.R79 JEEJA T P AGED 46 YEARS W/O SASIDHARAN, NANOOLI HOUSE, MAKKADA PO, KAKKODI-673611.** - **80 ADDL.R80 USHA K V AGED 48 YEARS W/O RAJAN, ODATTE HOUSE, VATTOLI BAZAR PO, BALUSSERY-673612.** - **81 ADDL.R81 PRAKASINI P AGED 47 YEARS W/O DAMODHARAN, PADINHAREPUTHUBADI HOUSE, ANNASSERY PO, THALAKKULATHUR, KOLIYOTTUTHAZHAM-673317.** - **82 ADDL.R82 MINI TK AGED 42 YEARS VADAKKELAKATHOOTH HOUSE, EKAROOL PO, UNNIKULAM VIA-673574.** - **83 ADDL.R83 SALINI T M AGED 46 YEARS KEEZHERIPADIKKAL, NADUVANNUR.** **84 ADDL.R84 NISHA MM W/O MANOJ, MYCOTERY MEETHAL, KAKKANCHERY (MANAD), KOYILANDI. 85 ADDL.R85 NISHA C M AGED 41 YEARS** 23 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 **W/O JINESH CK, CHANDANKANDY HOUSE, KOKKADDUR P.O-673612.** **86 ADDL R86 BIJULA K AGED 40 YEARS W/O DIVAKARAN, KOLLARUKANDIYIL HOUSE, PAVANDOOR POST, KAKKUR-673613.** **87 ADDL.R87 SAYINI N K AGED 46 YEARS W/O SASI, EDATHILMEETHAL HOUSE, MADAKKALLUR PO, ATHOLI VIA-673323. (ADDL.R77 TO R87 ARE IMPLEADED AS PER ORDER DATED 17/01/2019 IN IA.NO.02/2019)** **BY ADVS. SRI.M.N.MANMADAN, CGC GOVERNMENT PLEADER SRI.M.PROMODH KUMAR SRI.P.J.MATHEW SMT.V.A.HARITHA SRI.C.RASHEED SRI.K.MOHANAKANNAN SRI.R.T.PRADEEP SRI.VISHNU S.CHEMPAZHANTHIYIL SRI.S.SANTHOSH KUMAR SMT.M.BINDUDAS SMT.ANITHA M.N. (EKM) SMT.M.BINDUDAS SRI.EBIN MATHEW** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.03.2019, ALONG WITH WP(C).1181/2019, WP(C).21569/2018, WP(C).12879/2018, WP(C).38244/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 24 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY ,THE 07TH DAY OF MARCH 2019 / 16TH PHALGUNA, 1940 WP(C).No. 21569 of 2018** ## **PETITIONER/S:** |**1**|**MUMTHAJ A**| |---|---| ||**AGED 40 YEARS, ANGANWADI HELPER, W/O KUMAR**| ||**SALIM,VAGUVARAI ESTATE, FACTORY DIVISION, LAKKAM**| ||**COLONY, THALAYAR P.O., MUNNAR.**| |**2**|**BINDHU VARKEY**| ||**AGED 40 YEARS, ANGANWADI HELPER, W/O BINU**| ||**MATHEW,THUNDATHIL HOUSE, MANKULAM P.O.,**| ||**PERUMBANKUTHU.**| |**3**|**JULIET M.**| ||**AGED 40 YEARS, ANGANWADI HELPER, W/O RAMESH M.,**| ||**VAGUVARAI ESTATE, FACTORY DIVISION, LAKKAM COLONY,**| ||**THALAYAR P.O., MUNNAR.**| ||**BY ADV. SRI.S.JIJI**| ## **RESPONDENT/S:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY THE SPECIAL SECRETARY,**| ||**DEPARTMENT OF SOCIAL JUSTICE, SECRETARIAT,**| ||**THIRUVANANTHAPURAM-695002.**| |**2**|**THE DIRECTOR OF SOCIAL JUSTICE DEPARTMENT**| ||**DIRECTORATE OF SOCIAL JUSTICE, SAMUHYAKSHEMA**| ||**BHAVAN, POOJAPPURA,THIRUVANANTHAPURAM-695012.**| 25 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 **3 THE PROJECT OFFICER INTEGRATED CHILD DEVELOPMENT PROJECT, DEVIKULAM, ADDITIONAL AT MUNNAR, MUNNAR POST, IDUKKI-685612.** **BY ADV. SR.GP SRI.BIJOY CHANDRAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.03.2019, ALONG WITH WP(C).1181/2019, WP(C).20669/2018, WP(C).12879/2018, WP(C).38244/2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 26 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 ## **P.V.ASHA J.** ## **------------------------------------** **W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019** **-------------------------------------** Dated this the 7[th ] day of March, 2019 ## **J U D G M E N T** All these cases relate to the appointment to the post of Anganwadi Helpers and Workers. W.P. (C).Nos.20669 of 2018 and 21569 of 2018 are filed challenging the Government Order issued on 30.04.2018, by which it is directed that Anganwadi Helpers would be promoted against the 4[th] vacancy of Anganwadi Workers arising in the Panchayath/Municipality/Project in a Corporation, maintaining the 25% quota for promotion. It is also ordered that 10% of the posts in a Project would be earmarked for appointment to the dependents of those who surrendered land for construction of Anganwadies. The priority for appointment to the post of Anganwadi Workers have also been altered consequent to this. 27 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 2. The other writ petitions are filed seeking implementation of the order dated 30.04.2018. While petitioners in W.P.(C).Nos. 12879 of 2018 and 32844 of 2016 are temporary Anganwadi Workers included in the seniority list for regular appointment, petitioners in W.P.(C).No.1181 of 2019 is a dependent of a person surrendered land for setting up Anganwadies, who is denied appointment because of the interim order passed by this Court in W.P(C).No.20669 of 2016. As the issue arising in these cases are common, these writ petitions are disposed of by a common judgment. The parties and documents referred to in these judgments are as described in W.P. (C).No.20669 of 2018 unless otherwise specified. 3. The petitioners are Anaganwadi Helpers, who are eligible for promotion as Anganwadi workers on completion of 10 years' service with pass in SSLC. Appointments to 25% of the posts of Anganwadi workers were being made by promotion of qualified Anganwadi 28 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 Helpers. They allege that the order dated 30.04.2018 takes away their right to appointment under the 25% quota with first priority, only to favour those who have worked on temporary basis occasionally for certain period. It is alleged that the order does not disclose any reason for such a modification; though the order refers to certain letters dated 28.02.2018 and 26.04.2018 from the Director of Women and Child Development and nothing is stated for taking away their priority and the quota which was allowed in accordance with the orders issued by the Central Government and ignoring their long experience to favour those who worked just 6 months on temporary basis. It is their contention that the order is passed only on the basis of certain objections/ apprehensions and hence it is arbitrary. 4. The ICDS Scheme under which the Anganwadi Helpers and Workers are appointed at village level commenced in 1975-1976. Originally the entire 29 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 vacancies of Anganwadi Workers were being filled up by appointing Anganwadi Helpers. 5. On 01.03.2006, Government of Kerala, issued Ext.P3 order directing certain modifications in respect of appointment to the post of Anganwadi Workers. It was directed that the vacancies of Anganwadi Workers shall be filled up from among qualified Anganwadi Helpers in the respective Panchayaths having service of not less than 10 years and below the age of 50 years. It was also ordered that seniority of such Anganwadi Helpers shall be reckoned with reference to the date on which they passed the SSLC examination; appointments from the select list shall be made only against vacancies which remain after the appointment of Anganwadi Helpers and the Helpers who qualify after the select list came into force would be eligible for appointment after the select list. Thus by Ext.P3 order dated 01.03.2006, the entire appointments in 30 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 the post of Anganwadi Workers were made from among Anganwadi Helpers. 6. Whileso on 06.10.2006, Government of India, Ministry of Women and Child Development issued Ext.P2 order directing to reserve 25% of the posts of Anganwadi workers for promotion of Anganwadi Helpers who have put in minimum of 10 years of satisfactory service and possess the requisite qualification as laid down by concerned State Governments/Union Territories. Government found that no avenues were available for the Anganwadi Helpers for advancement in their career and that it was necessary to motivate them to discharge their service more efficiently. It was ordered that the reservation would be applicable to all the existing and future vacancies in the Anganwadi centres. 7. Thereafter Govt. issued an order dated 11.10.2006 laying down guidelines for appointing temporary Anganwadi Workers/Helpers with one year 31 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 service as on 30.6.2006 against permanent vacancies of Anganwadi workers/Helpers; preparation, approval etc., of seniority list of eligible hands for each Panchayath, constitution of selection committee to conduct selection in Panchayaths, approval of the select list, qualification, etc. In this order it was ordered that Helpers would be considered for appointment as Anganwadi Workers only after appointing the temporary workers as regular workers and appointments from the select list would be made only after appointing Anganwadi Helpers. 8. By order dated 11.10.2006, the eligibility criteria for temporary workers was reduced from one year to 6 months as on 15.12.2006; the upper age limit for the Anganwadi Helpers was raised to 55 years. In view of Ext.P2 order issued by the Government of India, setting apart 25% posts of Workers for Anganwadi Helpers, Government issued Ext.P4 order dated 06.01.2007, in modification of W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 32 certain provisions in the guidelines issued on 11.10.2006 for filling up the vacancies of Anganwadi Workers and Helpers. Clause 11 of the guidelines was modified providing for reservation of 25% of the vacancies of Anganwadi Workers for appointment of qualified Anganwadi Helpers. It was also ordered that appointments under any other method shall be made only after appointment of Helpers against the 25% of the vacancies; the age limit of Helpers was enhanced to 55 years. It was also ordered that appointment of the temporary Workers shall be made from the list only after exhausting the vacancies earmarked for Helpers. 9. Thereafter G.O.(Ms) No. 58/2008/SWD dated 22.10.2008 was issued revising the guidelines for selection of the Workers and Helpers, age, qualification, validity period of select list, etc., selection list will come into force only after appointment from the seniority list of the temporary 33 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 workers, etc. 10. Government thereafter revised the guidelines by orders dated 7.10.2010, 3.11.10, 24.11.2010, etc., in respect of filling up the vacancies arising due to retirement. By G.O.(Ms).No.82/2010/SWD dated 24.11.2010, the eligibility criteria for appointment from temporary workers/Helpers was modified and those with 6 months service as on 31.10.2010 were made eligible for inclusion in the seniority list and for appointment as Workers/Helpers against vacancies arising in the respective projects. Thereafter Ext.P7 order was issued on 30.01.2012, revising various provisions in para 6 of the guidelines issued on 22.10.2008, regarding constitution of selection committee, qualification, etc. Para 6(20) was substituted and it was ordered that appointment through selection committee shall be made only against vacancies which remain after setting apart vacancies in the 25% of the posts of Workers for W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 34 appointment of Helpers and that such Helpers shall have 10 years regular service and pass in SSLC or in equivalent examination, pass in O level examination and shall not have crossed 55 years. 11. Petitioners claim that respondents had attempted to dilute the quota of 25% earmarked for the Helpers and when they approached this Court in W.P.(C) No.17234 of 2012, the Writ Petition was disposed of as per Ext.P8 judgment recording the submission of the learned Government Pleader that there was no amendment to para 6(20) relating to the 25% quota for Helpers and directing the respondents to take steps in implementation of para 6(20) in the order dated 30.01.2012. 12. By G.O.(MS) No.31/2012/SWD dated 30.5.2012 Govt. had cancelled certain earlier orders/provisions in the earlier orders on the ground that the same was contrary to some of the judgments of this Court. That order was under challenge in a series of writ 35 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 petitions and by judgment dated 24.07.2015 in a batch of cases this Court found that the judgments referred to and the orders cancelled did not have any connection and therefore the same was set aside and directions were issued to fill up the vacancies after issuing a circular. G.O.(Ms) No.73/2015/SJD dated 24.11.2015 was issued thereafter directing appointment of temporary workers after preparing a consolidated seniority list of those who did not get regular appointment from the seniority lists prepared in 2006 and 2010. The Director of Social Justice had issued a circular also, delineating the priorities for filling up the vacancies. It is thereafter that Ext.P1 order was issued on 30.01.2018. 13. Petitioners, while challenging the order Ext.P1 issued on 30.04.2018, in the reply affidavit claim that they should have been accommodated against the first vacancy instead of downgrading them to 4[th] vacancy. A number of persons affected by Ext.P1/likely 36 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 to be affected by the judgment have sought to be impleaded on the ground that impugned order dated 30.04.2018 are in their favour. Some of them have already surrendered land to the respective authorities under the impression that they would be given employment as agreed to. 14. The Official Respondents as well as the respondents who got impleaded, have filed separate counter affidavits. Official respondents have filed counter affidavit and additional counter affidavit. 15. In the counter affidavit filed by the second respondent, it was stated that Govt. has not reduced the 25% quota available for the Helpers; the intention of Government is only to provide ample opportunities to other eligible candidates also while keeping the 25% quota for promotion of Anganwadi Helpers intact; every 4[th] vacancy of Anganwadi Workers will go to the qualified Helpers even as per Ext.P1 order; originally the entire vacancies of Anganwadi W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 37 Workers were being filled up with the qualified Helpers; since the vacancies are very limited, it was found necessary to provide opportunities to other categories also, who are eligible for appointment to the post; on the basis of various representations, Government found it necessary to re-examine the practice and decided to change the pattern of appointment, without affecting the 25% quota. It is stated that Ext.P1 order would be applicable only to vacancies arising after 30.04.2018. Government of India had as per Ext.P2 letter instructed to provide 25% of the posts of Anganwadi Workers to Anganwadi Helpers; orders were issued on 06.01.2007 setting apart 25% quota for the Helpers; in G.O. (MS).No.73/2010/SWD dated 07.10.2010, it was ordered that appointment from all other categories shall be made only after filling up the 25% quota for Helpers; on examination of various representations received by the State Government and the Directorate, from 38 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 various persons aggrieved, because of the delay being caused in resorting to other methods of appointment, Government realized that if every vacancy arising in Panchayath/Municipality/Corporation is filled up by promoting eligible Helpers, the chances of other categories for regular appointment would be very bleak and therefore it was not fair to reserve the entire appointments to one particular category to the prejudice of others; there are large number of temporary Anganwadi Workers, who are included in the seniority list of 2006, awaiting their turn for regularization; persons awaiting compassionate employment, dependants of persons, who surrendered land for Anganwadies, etc., are also not getting appointment; it was found necessary that all these categories are getting a fair chance for regular appointment; it was decided that 25% quota can be maintained by earmarking the 4[th] vacancy to the Anganwadi Helpers. 39 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 16. Additional counter affidavit was filed on behalf of respondents 2 and 3, producing the minutes of the meeting convened by the Minister and the report dated 26.04.2018 of the Director. It is stated that Ext.P1 order was passed after the Government conducted discussions and deliberations in the meetings with various persons including the representatives of Anganwadi Helpers and after calling for the reports and recommendations of the Director. From the discussions as well as the reports, it was found that there was a need to change the practice in order to render justice to all the categories eligible for appointment to the post. A meeting was convened on 06.03.2018, by the Minister for Health and Social Justice in which various organizations of Anganwadi Staff including that of Anganwadi Helpers, affiliated to various Trade Unions, the Chief Executive Officer of Kerala Anganwadi Workers and Helpers Welfare Fund Board, the 40 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 State Project Director ICDS, Senior Superintendent ICDS, Law Officer Women and Child Development Department participated. It was found that filling up of the entire vacancies by promotion of Helpers till the 25% quota is satisfied adversely affects the chances of those included in the seniority list, selection list, etc., for regular appointment; those awaiting appointment under dying in harness scheme and those who donated land for Anganwadies. The Director of Women and Child Department had furnished Ext.R2(b) report on 26.04.2018, recommending for modification of the existing practice and the orders in force, pointing out the delay involved in appointment from other categories including candidates with higher qualification, etc., those, who are having only SSLC or equivalency certificate of SSLC, were getting appointment as Workers whereas others with higher qualification were not getting. It is stated that the filling up of vacancies in 41 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 accordance with the priorities in Circular issued by the Director of Social Justice on 14.11.2016, was affecting even those who are to be appointed in the dying in harness scheme, those who donated land, apart from the temporary workers waiting for regular appointment even from 2006. Seeing that vacancies arising only on account of retirement were very few and that there are no chances for starting new Anganwadies, Govt. found it necessary to ensure chances to all the categories eligible for appointment. The 2[nd] respondent in the report recommended that the problems can be solved to some extent in case every 4[th] vacancy is filled up from the qualified Helpers till the 25% is fulfilled as all the categories will get opportunities to be appointed. It is stated that in order to provide social security to those included in other categories, who include widows, members of weaker sections of the society, those who are getting over 42 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 aged, etc., the practical and reasonable solution was to modify the pattern of appointment without affecting the 25% quota. In Ext.R2(b) report the Director had also recommended that 10% of the posts can be earmarked for those who surrendered land for construction of the Anganwadies or their dependants and they shall be considered against every 10[th] vacancy and therefore the order of priority of various categories also required modification. It was pointed out that revised orders were necessary, since the orders which existed till that time had relevance only till 24.11.2015. 17 **.** The respondents pointed out that there occurred much difference in the ratio of CentralState sharing since 2006 when Ext.P2 letter was issued by the Central Government instructing to set apart 25% posts for Helpers. Even though, the contribution of Central Government for the Schemes under the ICDS project was initially cent percent, W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 43 that has since been reduced, though the State Government continues to be the implementing agency; as at present there are 258 ICDS Projects, with 12 lakhs of beneficiaries; the major portion of the expenditure is born by the State Government, salary of 871 officials are excluded from the assistance of Government of India. When the Central Government is providing at the rate of Rs.8 per day per child, State Government spends an average of Rs.20 per day per child. As at present there are 33115 Anganwadi Centres functioning in the State, out of which, 22917 are Centres with own building and majority of those buildings are constructed by State Government plan and non-plan funds. Anganwadi Workers and Helpers in the Kerala State are drawing remuneration to the tune of Rs.10000/- and Rs.7000/- respectively, out of which Rs.1000/- is paid by the Local Self Govt. Institution. The share of the Central Government is only Rs.1800/- per month for an Anganwadi Worker, 44 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 whereas it is Rs.900/- for an Anganwadi Helper. 82% of the expenditure is born by State Government in the case of Anganwadi Workers and 87% in the case of Anganwadi Helpers. In addition to the honorarium, they are also having a Welfare Scheme. Presently the major chunk of the share comes from the State Government budgetary allocation. Therefore it is pointed out that despite the drastic reduction in the share of the Central Government, the 25% quota for Helpers is not varied except to the extent of limiting it to the 4[th] vacancy, though the State Government is having every authority to determine on the question of filling up the vacancies or method of appointment and also to modify the orders. 18. It is stated that in the Circular dated 14.11.2016 issued by the Director of Social Justice, the Helpers category was under the second priority; now, though they have been removed from the list of priority categories their turn is maintained against 45 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 every 4[th] vacancy. 19. Petitioners have filed a reply affidavit, reiterating that the intention behind the Government Order is to favour a few temporary workers, who have worked for short spells in the Department, ignoring the dedicated service of the Helpers for decades. It was also stated that though Trade Unions took part in the meeting, they had never agreed for altering the priority. According to them, when the report itself was submitted only on 26.04.2018, the order passed on 30.04.2018 could not be said to be one, which is passed with any application of mind. According to them, the 2[nd] respondent furnished such a report in the absence of any material and without conducting proper studies. They stated that when 25% vacancies were to be offered to the Helpers, every 2[nd] , 3[rd] and 4[th] vacancy would go to other categories and therefore there was no basis for the contention that the entire vacancies would not go to the Anganwadi Helpers. It 46 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 is also pointed out that in case Ext.P1 order is implemented, the Anganwadi Helpers would never get promotion. 20. The 19[th] respondent has filed a counter affidavit, producing Ext.R19(a) judgment dated 14.07.2011 in W.P.(C).No.9488 of 2009 which was in respect of appointment to the 25% quota available to casual employees as Group D employees. It was found that as per the quota fixed in the rules, every 4[th] post should go to the casual employees; as every year was treated as unique for employment, the casual employees never got opportunities every year; a very few vacancies arose and all those posts were being given to employees in other quota; as 4 more vacancies never arose the Postal Department declined appointment to any casual employee. The CAT apportioned the available vacancies in fractions of less than 1 and directed the department to give 1 post treating the fraction of less than 1 as 1. The 47 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 Division Bench found that “the best way to sort out the issue is to direct the department to fill up every fourth vacancy arising in the course of time to be filled up by candidates from among the casual employees,” so that at least for the future, department can fill up every 4[th] vacancy with a casual employee and in case that method was adopted it was found that the respondent therein would have got employment. Therefore the contention of the 19[th] respondent is that there is nothing wrong in adopting the method prescribed in Ext.P1. 22. Petitioners in W.P.(C).No.21569 of 2018 are also Anganwadi Helpers, who are also aggrieved by the order dated 30.04.2018. Petitioners claim that they are senior most Helpers working with experience of more than 10 years and in the event of any violation in the quota, juniors without any experience would be posted above them. According to them, the order Ext.P1 is against the spirit of the direction in the 48 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 judgments in W.P.(C).No.16481 of 2011 and in W.P. (C).No.5156 of 2016 (Ext.P5 ) and the priority of various categories and there cannot be any revision of the priority categories introducing new categories and deleting the categories which existed. 23. I heard M/s Sajith Kumar, Jiji, S. Santhosh Kumar, K.S.Babu, K.Mohanakannan, the learned Counsel appearing for the petitioners, Sri. Bijoy Chandran, the learned Senior Government Pleader for the official respondents, M/s R.T.Pradeep, Haritha V.A., C.Rasheed, P.J.Mathew, M. Promodh Kumar learned Counsel appearing for the additional respondents. 24. Sri. R.T.Pradeedp, the learned counsel appearing for the additional respondents 20 to 22, argued that when the method of appointment to the post of Anganwadi Workers and Helpers is fixed by Government, it is completely within its realm to alter the method of appointment. As far as Anganwadi workers and Helpers are concerned, there is no W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 49 statutory rule. None of the constitutional or statutory rights of the petitioners are abrogated by issuing Ext.P1 order. Ext.P1 order is completely within the purview of the Government as economic and social planning comes under Entry No.20 in the concurrent list. Therefore, State Government is having every authority to prescribe the qualifications by issuing executive orders. Relying on the judgments in **Union of India v. Pushpa Rani** [2008 (9) SCC 242], **K.A. Nagamani v. Indian Airlines and Others** [2009 (5) SCC 515] etc., the learned counsel argued that as long as there is no vested right for the petitioners to get promoted, they cannot be heard to contend that the order Ext.P1 suffers from any illegality. The appointment of Anganwadi Workers/Helpers is governed by executive orders issued by Government of Kerala from time to time. It is an admitted fact that there is no statutory rule. 50 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 25. As the contention in the W.P.(C) No. 21569 of 2018 is that Ext.P1 order is contrary to the spirit of the judgments dated 24.07.2015 in W.P. (C).No. 16481/2011 & connected cases and in the judgment in W.P.(C).No.5156 of 2016, I shall examine the same first. In W.P.(C) No. 16481/2011 & connected cases, the challenge was against the G.O.(Ms) No.31/2012/SWD dated 30.05.2012, which was stated to be issued seeing that it was contrary to the interim orders issued in W.P.(C) No.25614/2009 and W.A.1528/2010. This Court found that those orders were issued in respect of constitution of the selection committee for appointment of Anganwadi Workers and Helpers and the other one was in respect of making provisional appointments pursuant to enhancement of retirement age and not in connection with regularisation of Anganwadi Workers or Helpers. Therefore, the Government Order issued on 12.05.2012 to the extent it cancelled the G.O. (Ms) Nos.73, 77, 51 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 79 and 82 of 2010/SWD was quashed and the respondents were directed to make appointments in accordance with the priority envisaged in those orders. In implementation of the judgment, Government issued G.O.(Ms).No.73/2015/SJD dated 24.11.2015 followed by G.O.(Ms) No.80/2015/SJD dated 29.12.2015 in which 3 categories viz. (1) persons who resigned from the post of Anganwadi Workers/ Helpers for contesting election to Local Self Government Institutions (2) dependants of deceased Anganwadi Workers/Helpers and (3) dependants of those Anganwadi Workers/Helpers who had granted land free of cost for setting up Anganwadies. That order was challenged in W.P. (C).No.5156 of 2016 and a batch of cases were disposed of, as per judgment dated 29.08.2016, where this Court found that when the direction issued by this Court was to make appointments in accordance with the orders issued in 2010, in accordance with the priority mentioned therein, the newly introduced 52 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 categories cannot be given any preference. This Court therefore observed that those 3 categories can have priority only while making appointments contemplated in para 7 of that Government Order. Therefore the Director of Social Justice was ordered to issue a Circular clarifying the basis for appointment to the vacancies of Anganwadi Workers/Helpers for the period upto 24.11.2015. The Director of Social Justice thereafter issued circular dated 14.11.2016, providing for the following priorities: 1. Transfer of Anganwadi worker within the Panchayat, Municipality and Corporation. 2. 25% of promotion from the qualified Helpers. 3. Transfer of Anganwadi Workers within the project ie, from various Panchayats, Municipalities and Corporation within the projects area. 4. Transfer from other ICDS Projects. 5. Appointment from the combined seniority list. 6. Appointment from the selection list. 7. Those who resigned for contesting election in LSGI 8. Dying in harness appointment. 9. Those who donated Land for construction of Anganwadi building and their dependents. 53 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 26. Ext.P1 is the order issued thereafter by Government in respect of the priorities while making appointments. The alteration ordered is as follows: (i) appointment under the dying in harness scheme; (ii) those who resigned from Anganwadies for contesting election to Local Self Government Institutions (iii) those who got appointment while continuing as members of the Local Self Government Institutions; (iv) by transfer within the Panchayath/ Municipality/Corporation (v) from the seniority list (vi) from the selection list. (vii) transfer from Panchayath/Municipality/ Corporation and (viii) transfer from other projects. 27. While revising the priority list, it is ordered that every 4[th] vacancy arising within a Panchayath/Municipality/Project within the Corporation has to be filled up from among qualified Helpers. It cannot be disputed that Government when determined the priority and issued a list once, has the authority to revise it or even delete the entire W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 ## 54 list. As far as the Helpers are concerned they were in the 2[nd] priority in the list which was in force till 24.11.2015, as directed in the judgment in W.P. (C) 5156 of 2016. At the most they can claim such preference only till the date on which Ext.P1 was issued, which the Government has in the counter affidavit made clear. Therefore the contention that the order dated 30.04.2018 is contrary to the spirit of the aforesaid judgments is absolutely baseless. 28. The further question is whether Government was not competent to issue orders in deviation of the instructions issued in Ext.P2 order. It is relevant to note that Govt. of India had not directed that the appointment to the entire 25% of the posts of Anganwadi Workers shall be filled up from Helpers all of a sudden. Even when Ext.P2 letter was issued the instruction was to set apart 25% of the posts against existing or future vacancies. Despite the fact that Ext.P2 was only an instruction, Government of Kerala 55 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 had revised its orders not only by setting apart the 25% to the Helpers but also restraining appointment otherwise than by promotion of Helpers only after exhausting appointments under the 25% quota, more than what was instructed. 29. Going by the Central-State sharing ratio for implementing various schemes of the ICDS, it is seen that the role of Central Government is only nominal and therefore even a deviation from the instructions in Ext.P2 letter which was issued at a time when the Central Government's share was more, cannot be said to be vitiated by any illegality. At any rate in the absence of any rules or even orders issued by the Govt. of India, deviation from the letter Ext.P2 or even from Ext.P4 which was issued in implementation of the same cannot be said to be illegal. 30. As rightly pointed by M/s Bijoy Chandran and R.T.Pradeep, the competence of Government to issue executive order or even to amend statutory rules in W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 **==> picture [12 x 8] intentionally omitted <==** respect of the method of appointment cannot be disputed in respect of those working in the Anganwadies functioning in the State. At any rate, Government has retained the 25% quota for the Anganwadi Helpers, rightly in order to provide them avenues of promotion and thereby to motivate them and to make them efficient, as stated in Ext.P2 letter. Even in a case covered by statutory rules, the employees cannot insist that there cannot be any amendment to the quota or to any rules. 31. In Ext.P1 order dated 30.04.2018, it is ordered that every 4[th] vacancy arising in the Anganwadies in the Panchayat/Municipalities and in the Projects in the Corporations would be filled up by promotion of qualified Anganwadi Helpers till the 25% is attained. It is also ordered that 10% of the vacancies in the Projects are to be filled by those who surrendered land for setting up Anganwadies/their dependents in every 10[th] vacancy. W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 57 32. The power of the Government to pass orders like Ext.P1 cannot be disputed. When Government is conferred with the power to issue order relating to qualification, method of appointment, etc., the power to modify those rules is inherent. It cannot also be said that Government cannot issue orders altering the priority or even altering the quota. 33. As per Ext.P1, though the first priority is not maintained, the Helpers will get every 4[th] vacancy. Just because the Helpers were being promoted against the entire vacancies in the 25% quota, it cannot be said that Govt. cannot modify the orders, for the purpose of ensuring opportunity to all categories eligible for appointment, even while maintaining the 25% quota. Even the pleadings in the writ petitions are to the effect that one among the four vacancies should be filled up by the petitioners. 58 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 34. Now Government have ordered that every 4[th] vacancy would be filled up by promotion till the quota of 25% of the posts is reached. If the quota is not altered in Ext.P1, the only question which remains for consideration is whether it should be the first vacancy or the fourth vacancy. 35. The contention that Ext.P1 does not contain any reason for a modification and that the order is issued without conducting any proper study and it is merely based on certain objections and apprehensions and therefore Ext.P1 is liable to be set aside, cannot also be accepted. It is not necessary for the Govt. to convince the employees before a rule is amended or an order is modified. The further contention that the report of the 2[nd] respondent is without conducting any study is also baseless. It cannot be said that the Govt. cannot issue orders on 30.04.2018 based on a report submitted on 26.04.2018. At any rate, petitioners cannot insist that the 59 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 orders governing method of appointment cannot be modified or the priority cannot be changed. None of the judgments of this Court, which the petitioners relied on, has considered the competence of Govt. to issue orders. On the other hand, this Court had, in the judgment in W.P.(C).No.5156 of 2016, made it clear that the introduction of new categories can be from the period after the date of that judgment/issuance of the circular. Interference was made in that case because the judgments referred to as reason for cancellation of the orders relating to appointment did not have any connection with the appointment of regularisation of temporary workers. 36. From Ext.P1 order as well as from the counter affidavit, it is seen that the same was issued after deliberations and discussions with the Trade Unions and the recommendations of the Director of Child Development Department. When after such deliberations Government found it necessary to 60 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 provide opportunities for all categories and in that process if at all the earmarking of the 4[th] vacancy has caused any prejudice to the petitioners, it cannot be said that order suffers from any illegality. At any rate, the authority of Government is not disputed. What is argued is that Ext.P1 does not contain reasons. If on application of the ratio on the cadre strength, Government in its wisdom found that there can be more practical methods which can be adopted, no interference is warranted. 37. Learned Government Pleader also furnished a series of judgments in which the persons included in the list of temporary Anganwadi Workers claiming regular appointment complaining their non appointment, as all the vacancies arising were being filled up by promotion of Anganwadi Helpers, were directed by this Court to approach the Government. Government has considered those cases and found that alteration has to be made without affecting the 61 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 quota. 38. In the light of the **dictum laid down in Union of India v. Pushpa Rani** [2008 (9) SCC 242], **K.A. Nagamani v. Indian Airlines and Others** [2009 (5) SCC 515], this Court has no role in the methodology of selection and the petitioners cannot have any right to insist the manner in which appointments shall be made. Just because there is a change in the priority, the orders would not become illegal. 39. However, it is still open to Government to consider whether it should be the fourth vacancy or the first vacancy among the 4 to be given to the Anganwadi Helpers, so that their priority can still be maintained. It is upto the Government to decide. Petitioners would be free to raise this issue before Government. In the above circumstances, I do not find any illegality in the order dated 30.04.2018. In the result, W.P.(C) No. 20669 of 2018 and 21569 of 2018 62 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 are dismissed. W.P.(C).Nos.32844 of 2016, 12879 of 2018 and 1181 of 2019 are disposed of directing the respondents to consider the claim of the petitioners in accordance with the G.O(Rt) No. 254/2018/SJD dated 30.04.2018. against the vacancies which occurred on or after 30.04.2018. Sd/- **P.V.ASHA, JUDGE.** AS 63 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 ## **APPENDIX OF WP(C) 38244/2016** ## **PETITIONER'S/S EXHIBITS:** - **EXHIBIT P1** - **TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER DATED 5.9.2012** - **EXHIBIT P2 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE 4TH RESPONDENT TO THE 3RD PETITIONER DATED 14.8.2012** - **EXHIBIT P3 TRUE COPY OF THE EXPERIENCE CERTIFICATE ISSUED BY THE 4TH RESPONDENT TO THE 4TH PETITIONER DATED 5.9.2012** - **EXHIBIT P4 TRUE COPY OF THE COMMUNICATION SENT BY THE 3RD RESPONDENT TO THE 3RD PETITIONER ON 30.10.2013** - **EXHIBIT P5 TRUE COPY OF THE HANDWRITTEN COPY OF THE SENIORITY LIST PUBLISHED IN THE OFFICE OF THE 4TH RESPONDENT** - **EXHIBIT P6 TRUE COPY OF THE COMMUNICATION ISSUED BY THE DISTRICT COLLECTOR TO THE 1ST PETITIONER DATED 11.1.2011** - **EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WRIT PETITION 16481/2011 DATED 24.7.2015** - **EXHIBIT P8 TRUE COPY OF THE GO(MS)73/2015/SWD DATED 24-11-2015** - **EXHIBIT P9 TRUE COPY OF THE GO(MS)80/2015/SWD DATED 29.12.2015.** 64 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 ## **RESPONDENT'S/S EXHIBITS:** **EXHIBIT-R3(a)** **EXHIBIT-R3(b)** TRUE COPY OF THE GOVERNMENT ORDER NO. 74/2012/SWD DATED 22/12/2012. TRUE COPY OF THE CIRCULAR NO. ICDS B4-4371/16 DATED 14/11/2016. 65 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 ## **APPENDIX OF WP(C) 1181/2019** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE CERTIFICATE DATED 24.9.2016 ISSUED BY THE SECRETARY, VELICHIRA GRAMA PANCHAYAT.** - **EXHIBIT P2 TRUE COPY OF THE APPLICATION DATED 06.07.2012 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.** **EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 26.09.2016 SUBMITTED BY THE MOTHER OF THE PETITIONER TO THE 4TH RESPONDENT. EXHIBIT P4 TRUE COPY OF THE CIRCULAR NO.ICDS.B44371/16 DATED 14.11.2016 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P5 TRUE COPY OF THE LETTER NO.ICDS.B4-1648/17 DATED 06.03.2017 ADDRESSED BY THE 2ND RESPONDENT TO THE 3RD RESPONDENT. EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 21.09.2017 SUBMITTED BY THE PETITIONER TO THE HONOURABLE MINISTER FOR EDUCATION.** **EXHIBIT P7 TRUE COPY OF THE LETTER NO.ICDS/CP/724/2016 DATED 21.11.2017 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXHIBIT P8 TRUE COPY OF THE G.O.(RT) NO.254/2018/SJD DATED 30.04.2018 ISSUED BY THE 2ND RESPONDENT.** **EXHIBIT P9 TRUE COPY OF THE LETTER NO.ICDS/CP/548/18 DATED 16.06.2018 ISSUED FROM THE OFFICE OF THE 4TH RESPONDENT ALONG WITH THE SENIORITY LIST.** **EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 20.06.2018 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.** W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 66 |**EXHIBIT P11**|**TRUE COPY OF THE LETTER NO. ICDS/CP/1554/18**| |---|---| ||**DATED 20.06.2018 ISSUED BY THE 4TH**| ||**RESPONDENT.**| |**EXHIBIT P12**|**TRUE COPY OF THE INTERIM ORDER DATED**| ||**25.06.2018 IN WP(C) 20669/2018 OF THIS**| ||**HONOURABLE COURT.**| |**EXHIBIT P13**|**TRUE COPY OF THE LETTER NO. ICDS/B4-**| ||**13311/18 DATED 30.06.2018 ISSUED BY THE 3RD**| ||**RESPONDENT.**| 67 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 ## **APPENDIX OF WP(C) 12879/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF G.O(MS)NO.35/06/SWD DATED 11/10/06 EXHIBIT P2 TRUE COPY OF THE G.O(MS)NO.42/2007/SWD DATED 06/01/07 EXHIBIT P3 TRUE COPY OF SENIORITY LIST,2006-07 OF TEMPORARY ANGANWADI WORKERS IN THENKARA GRAMA PANCHAYAT EXHIBIT P4 TRUE COPY OF G.O.(MS)NO.58/08/SWD DATED 22/10/2008 EXHIBIT P5 TRUE COPY OF G.O.(MS)NO.79/2010 SWD DATED 10/11/2010 EXHIBIT P6 TRUE COPY OF SENIORITY LIST 2010 OF TEMPORARY ANGANVADI WORKERS IN TENKARA GRAMA PANCHAYAT EXHIBIT P7 TRUE COPY OF GO(MS)NO.31/2012 SWD DATED 30.5.2012. EXHIBIT P8 TRUE COPY OF GO(MS)NO.73/2015/SWD DATED 24/11/2015 EXHIBIT P9 TRUE COPY OF COMBINED SENIORITY LIST, 2015 OF TEMPORARY ANGANVADI WORKERS IN THENKARA,GRAMA PANCHAYAT. EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 1/3/2018 OF IN W.P.(C).NO.12989/2016. EXHIBIT P11 TRUE COPY OF THE COMBINED SENIORITY LIST DATED 15/2/2018 OF ANGANVAD WORKERS IN THENKARA GRAMA PANCHAYAT. EXHIBIT P12 TRUE COPY OF THE MINUTES DATED 20/9/2017 OF THENKARA GRAMA PANCHAYAT.** W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 ## 68 **EXHIBIT P13 TRUE COPY OF THE G.O.(RT) NO.254/2018/SJD DATED 30/4/2018 OF THE STATE GOVERNMENT. EXHIBIT P14 TRUE COPY OF THE DEATH CERTIFICATE DATED 6/1/2016 ISSUED FROM MANNARKAD MUNICIPALITY. EXHIBIT P15 TRUE COPY OF LETTER DATED 25/10/2018 ISSUED UNDER RTI ACT FROM THE OFFICE OF THE 3RD RESPONDENT ALONG WITH APPLICATION OF THE PETITIONER. EXHIBIT P16 TRUE COPY OF THE JUDGMENT DATED 28/9/2016 IN WP(C) NO.5164/2012 AND CONNECTED CASES. EXHIBIT P17 TRUE COPY OF THE CIRCULAR DATED 14/11/2016 ISSUED BY THE 2ND RESPONDENT.** 69 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 ## **APPENDIX OF WP(C) 20669/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE ORDER G.O. (MS)NO.254/2018/S.J.D DATED 30-04-2018 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P2 A TRUE COPY OF THE LETTER NO.F.NO.1-9/2006CD.1 DATED 06-10-2006 ISSUED ON BEHALF OF THE 1ST RESPONDENT.** **EXHIBIT P3 A TRUE COPY OF THE GOVERNMENT ORDER NO.110/06/SWD DATED 01-03-2006 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P4 A TRUE COPY OF THE GOVERNMENT ORDER NO.42/2007/SWD DATED 06-01-2007 ISSUED ON BEHALF OF 2ND RESPONDENT. EXHIBIT P5 A TRANSCRIBED COPY OF THE JUDGMENT COPY OF THE JUDGMENT IN WP(C)NO.23532/2009 DATED 26-07-2009 OF THE HON'BLE HIGH COURT. EXHIBIT P6 A TRUE COPY OF GO(MS)NO.73/2010 DATED 7-102010 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE G.O.(MS)NO.5/2012/SWD DATED 30-01-2012 BY THIS HON'BLE COURT. EXHIBIT P8 A TRUE COPY OF THE JUDGMENT DATED 17234/2012 DATED 16-10-12 BY THIS HON'BLE COURT.** **EXHIBIT P9 A TRUE COPY OF THE REPRESENTATION DATED 1903-18 SUBMITTED BY THE 1ST PETITIONER TO THE 3RD RESPONDENT.** ## **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R2 (a)** TRUE COPY OF THE MINUTES OF THE MEETING DATED 06/03/2018. **EXHIBIT R2 (b)** COPY OF THE REPORT/LETTER DATED 26/04/2018 OF THE 70 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 DIRECTOR, WOMEN AND CHILD DEVELOPMENT. **EXHIBIT R2 (c)** TRUE COPIES OF THE GOVERNMENT OF INDIA LETTERS/ COMMUNICATIONS DATED 18/11/2008. **EXHIBIT R2 (d)** TRUE COPIES OF THE GOVERNMENT OF INDIA LETTERS/COMMUNICATIONS DATED 16/11/2015. **EXHIBIT R2 (e)** TRUE COPIES OF THE GOVERNMENT INDIA LETTERS/COMMUNICATIONS DATED 23/11/2017. **EXHIBIT R2 (f)** TRUE COPY OF THE ORDER DATED 03/02/2018. **EXHIBIT R4 A** TRUE COPY OF THE SENIORITY LIST OF THE ANGANWADI WORKERS OF MADAVOOR GRAMA PANCHAYAT. **EXHIBIT R4 (a) EXHIBIT R4 (b) EXHIBIT R4 (c) EXHIBIT R5 (a) EXHIBIT R5 (b) EXHIBIT R5 (c) EXHIBIT R5 (d)** A TRUE COPY OF THE ORDER IN WPC NO.20669/18 A TRUE COPY OF THE ORDER DATED 30/06/2018. A TRUE COPY OF THE ORDER DATED 18/06/2018. A TRUE COPY OF THE ORDER IN WPC NO.20669/18. A TRUE COPY OF THE ORDER DATED 30/06/2018. A TRUE COPY OF THE ORDER IN OA (EKM) 22/2018. A TRUE COPY OF THE ORDER DATED 01/06/2018 OF THE DISTRICT SOCIAL WELFARE DEPARTMENT. **EXHIBIT R19 (a)** TRUE COPY OF JUDGMENT DATED 14/07/2011 IN WPC NO.9488/2009 OF THE HON'BLE COURT. 71 W.P.(C).Nos.38244 of 2016, 12879, 20669 and 21569 of 2018 & 1181 of 2019 ## **APPENDIX OF WP(C) 21569/2018** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT-P1: TRUE COPY OF THE GOVERNMENT ORDER NO.2/2007 SWD DATED 06.01.2007. EXHIBIT-P2: TRUE COPY OF THE G.O.(MS) NO.73/2010 DATED 7.10.2010. EXHIBIT-P3: TRUE COPY OF THE JUDGMENT DATED 24.07.2015 IN W.P.(C) NO.16481/2011 OF THIS HON'BLE COURT. EXHIBIT-P4: TRUE COPY OF THE G.O.(MS) NO.80/2015/SWD DATED 29.12.2015. EXHIBIT-P5: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 29.08.2016 IN W.P.(C) NO.5156/2016 AND CONNECTED CASES. EXHIBIT-P6: TRUE COPY OF THE CIRCULAR NO.ICDS.B44371/16 DATED 14.11.2016 OF THE 2ND RESPONDENT. EXHIBIT-P7: TRUE COPY OF THE G.O.(ORD) NO.254/2018/SJD DATED 30.4.2018.** ## **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R1 A** TRUE COPY OF THE MINUTES OF THE MEETING DATED 6/3/2018 **EXHIBIT R1 B** COPY OF THE REPORT /LETTER DATED 26/4/2018 OF THE DIRECTOR, WOMEN AND CHILD DEVELOPMENT. **EXHIBIT R1 C** TRUE COPIES OF THE GOVERNMENT OF INDIA LETTERS/COMMUNICATIONS DATED 18/11/2008. **EXHIBIT R1 D** TRUE COPIES OF THE GOVERNMENT OF INDIA LETTERS/COMMUNICATIONS DATED 16/11/2015. **EXHIBIT R1 E** TRUE COPIES OF THE GOVERNMENT OF INDIA LETTERS/COMMUNICATIONS DATED 23/11/2017 **EXHIBIT R1 F** TRUE COPY OF THE ORDER DATED 3/2/2018