Writ Petition No. 1757 of 2013 · The High Court
Case Details
- 1 - NC: 2025:KHC:5521 WP No. 1757 of 2013 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 1757 OF 2013 (S-RES) BETWEEN: 1. SMT. JANAKI W/O RAMANNA POOJARY, AGED ABOUT 39 YEARS, KORATHIKATTE ANGANAWADI CENTRE, PERNE VILLAGE & POST, BANTWAL TALUK, D.K.DISTRICT. Digitally signed by MARIGANGAIAH PREMAKUMARI Location: HIGH COURT OF KARNATAKA 2. SMT.SHAMALA, W/O SUNDARA SHETTY, AGED ABOUT 44 YEARS, KADESHIVALAYA VILLAGE, BANTWAL TALUK, D.K.DISTRICT.
Legal Reasoning
3. SMT. VASANTHI S.P. W/O SANJEEVA POOJARY, AGED ABOUT 47 YEARS, ANTHADI VILLAGE, BANTWAL TALUK, D.K.DISTRICT. 4. SMT. VEDAVATHI W/O BHAVANISHANKAR, AGED ABOUT 37 YEARS, SABALOORU HOUSE, K.C. FARM POST, KOILA VILLAGE, - 2 - NC: 2025:KHC:5521 WP No. 1757 of 2013 …PETITIONERS PUTHURU TALUK, D.K.DISTRICT. (BY SRI. A NAGARAJAPPA, ADV.) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, M.S.BUILDING, BANGALORE-01, REP. BY ITS SECRETARY. 2. THE DEPUTY DIRECTOR WOMEN & CHILD, DEVELOPMENT DEPARTMENT, MANGALORE, D.K.DISTRICT-574214. 3. THE CHILD DEVELOPMENT PROJECT OFFICER, BANTWALA TALUK, TALUK PANCHAYATH OLD BUILDING, B.C.ROAD, BANTWALA TALUK, D.K.DISTRICT-574214. 4. THE CHILD DEVELOPMENT PROJECT OFFICER, PUTHURU TALUK, NEAR TALUK OFFICE, PUTHURU, D.K.DISTRICT-574214. (BY SRI. PRATHIBHA R.K., AGA FOR R1 TO R4) …RESPONDENTS THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE NOTICE ISSUED BY THE 3RD RESPONDENT TO PETITIONER 1 TO 3 DATED 20.10.2012 VIDE ANNEXURE-C TO C2 AND QUASH NOTICE ISSUED BY THE 4TH RESPONDENT TO PETITIONER 4 DATED 03.11.2012 VIDE ANNEXURE-D. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:5521 WP No. 1757 of 2013 CORAM: HON'BLE MR JUSTICE S.G.PANDIT ORAL ORDER The petitioners who are working as Anganawadi Helpers/Anganawadi Workers in the department of Women and Child Development are before this Court under Article 226 of the Constitution of India questioning the Notification bearing No.²AiÉÆçA:CA.PÁ.CA.¸À.ZÀÄ.¥À æ.2012-13 dated 20.10.2012 (Annexures-C to C2) wherein the petitioners on their election as Grama Panchayat Members are provided option to select one of the posts i.e., Grama Panchayat Member or as Anganawadi Worker/Helper. 2. None appears for the petitioner. 3. Heard learned AGA Smt.Prathibha R.K. for
Decision
respondents. Perused the writ petition papers. 4. This writ petition is of the year 2013 and no purpose would be served keeping it pending any further. - 4 - NC: 2025:KHC:5521 WP No. 1757 of 2013 5. The writ petition averments would indicate that the petitioners are working as Anganawadi Workers/Helpers. While working as such, with the permission of the department contested for election to the office of the Grama Panchayat Member and they got elected as Grama Panchayat Members. On their election as Grama Panchayat Members, the respondent-authorities issued notices at Annexures-C to C2 and also Annexure-D, final notice dated 03.11.2012 calling upon the petitioners to submit resignations to one of the posts and to continue either as Anganawadi Worker/Helper or Grama Panchayat Member. 6. The Government had issued Government Order dated 12.10.2012, the operative portion of which reads as follows: “DzÉñÀ ¸ÀASÉå: ªÀĪÀÄE 422 L¹r 2011 ¨ÉAUÀ¼ÀÆgÀÄ, DzÉñÀ ¸ÀASÉå: ªÀĪÀÄE 422 L¹r 2011 ¨ÉAUÀ¼ÀÆgÀÄ, DzÉñÀ ¸ÀASÉå: ªÀĪÀÄE 422 L¹r 2011 ¨ÉAUÀ¼ÀÆgÀÄ, DzÉñÀ ¸ÀASÉå: ªÀĪÀÄE 422 L¹r 2011 ¨ÉAUÀ¼ÀÆgÀÄ, ¢£ÁAPÀ: 12.10.2012 ¢£ÁAPÀ: 12.10.2012 ¢£ÁAPÀ: 12.10.2012 ¢£ÁAPÀ: 12.10.2012 ªÉÄð£À ¥Àæ¸ÁÛªÀ£ÉAiÀÄ£ÀÄß ¸ÀPÁðgÀªÀÅ PÀÆ®APÀµÀªÁV ¥Àj²Ã°¹ F PɼÀPÀAqÀAvÉ DzÉò¸À¯ÁVzÉ. - 5 - NC: 2025:KHC:5521 WP No. 1757 of 2013 1) CAUÀ£ÀªÁr PÁAiÀÄðPÀvÉðAiÀÄgÀÄ/¸ÀºÁAiÀÄQAiÀÄgÀÄ ZÀÄ£ÁªÀuÉUÀ¼À°è ¸Àà¢üð¹, d£À¥Àæw¤¢üUÀ¼ÁV DAiÉÄÌAiÀiÁzÀ MAzÀÄ wAUÀ¼ÉƼÀUÁV AiÀiÁªÀÅzÁzÀgÉÆAzÀÄ ºÀÄzÉÝAiÀÄ£ÀÄß DAiÉÄÌ ªÀiÁrPÉÆAqÀÄ CzÀgÀAvÉ E¯ÁSÉUÉ w½¸À¨ÉÃPÀÄ. 2) F jÃw DAiÉÄÌAiÀiÁzÀ MAzÀÄ wAUÀ¼ÉƼÀUÁV E¯ÁSÉUÉ w½¸ÀzÉ EgÀĪÀ CAUÀ£ÀªÁr PÁAiÀÄðPÀvÉð/¸ÀºÁAiÀÄQAiÀÄjUÉ DAiÉÄÌAiÀiÁzÀ MAzÀÄ wAUÀ¼À £ÀAvÀgÀ MAzÀÄ ¸ÀÆZÀ£É ¤Ãr, 15 ¢£ÀUÀ¼ÉƼÀUÁV CªÀjAzÀ AiÀiÁªÀÅzÉà GvÀÛgÀ ¨ÁgÀ¢zÀÝgÉ, E¯ÁSÉAiÉÄà CªÀgÀ£ÀÄß CAUÀ£ÀªÁr PÁAiÀÄðPÀvÉð/¸ÀºÁAiÀÄQAiÀÄgÀ ºÀÄzÉݬÄAzÀ ªÀeÁUÉƽ¸ÀĪÀÅzÀÄ. PÀ£ÁðlPÀ gÁdå¥Á®gÀ DeÁߣÀĸÁgÀ ªÀÄvÀÄÛ CªÀgÀ ºÉ¸Àj£À°è.” In the above Government Order, Anganawadi Workers who got elected as Grama Panchayat Members were given one month time to retain one of the posts, failing to do so, it is informed that the department would take action to remove such persons from the post of Anganawadi Worker/Helper. 7. Earlier to the said Government Order, the Director, Women and Child Development had issued a Circular dated 20.10.2011 informing such elected Grama Panchayat Members that it would not be possible to carry - 6 - NC: 2025:KHC:5521 WP No. 1757 of 2013 out both works as Grama Panchayat Member as well as Anganawadi Worker/Helper and it is opined that it would not be in the interest of Anganawadi Centers to continue such persons as Anganawadi Workers/Helpers. 8. The above Circular was the subject matter of W.P.No.67909/2011 and connected writ petitions. The said Circular was upheld and the same was taken up in W.A.Nos.6464/2011 c/w W.A.No.6259-61/2011. The Division Bench of this Court at paragraphs 8 and 9 as held as follows: “8. Mere fact that the appellants were permitted to contest elections and were not disqualified at that stage cannot come in the way of the State Government noticing the developments and issuing such a circular and the appellants having given an option to choose as of now, it cannot be said that the circular being operated from an anterior date. 9. Be that as it may, we do not find any need or justification to hold the circular to be bad in law or to interfere with the orders passed by learned Single Judges dismissing the writ petitions. It is open to the appellants who are yet to make up - 7 - NC: 2025:KHC:5521 WP No. 1757 of 2013 their minds to exercise their option and to take a decision. But, these appeals are dismissed.” 9. In the view of the above decision of the Division Bench, the petitioners would not be entitled for the prayer as sought in the writ petition. 10. It is open for the petitioners to retain any one of the office i.e., member, Grama Panchayat or to continue as Anganawadi Workers/ Helpers. Moreover, it is seen that as on this day term of office as panchyath member has come to an end. 11. With the above, the writ petition stands disposed of. Sd/- (S.G.PANDIT) JUDGE MPK CT:bms List No.: 1 Sl No.: 56