IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NOS.3234-3235 OF 2014 (S-RES) BETWEEN:
1. SMT.JAYALAKSHMI D/O K.MARAIAH AGED ABOUT 47 YEARS, (WORKING AS ANGANAWADI WORKER BANDARAWADI-1 PRESENTLY UNDER TERMINATION) RESIDING AT KALKUNI VILLAGE KIRUGAVAL POST MALAVALLI TALUK MANDYA-571 430 2. MISS. SIDDAMMA D/O GOPALKRISHNA AGED ABOUT 47 YEARS WORKING AS ANGANAWADI WORKER HEBBANI GRAMA PANCHAYAT MEMBER HEBBANI RESIDING AT HEBBANI MALAVALLI TALUK MANDYA DISTRICT-571 430 ... PETITIONERS (BY SRI SHANKAR S.BHAT, ADVOCATE) AND:
1. UNION OF INDIA REPRESENTED BY SECRETARY MINISTRY OF WOMEN AND CHILD DEVELOPMENT ROOM NO.606 A WING, 6TH FLOOR SHASTRI BHAVAN NEW DELHI-110 001 2. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF HEALTH AND FAMILY WELFARE M.S.BUILDING BANGALORE-560 001 3. DIRECTOR OF WOMEN AND CHILD DEVELOPMENT GOVERNMENT OF KARNATAKA M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI BANGALORE-560 001 4. DEPUTY DIRECTOR OF WOMEN AND CHILD DEVELOPMENT MANDYA DISTRICT MANDYA-571 201 5. CHILD DEVELOPMENT OFFICER DEPARTMENT OF CHILD AND FAMILY WELFARE INTEGRATED CHILD DEVELOPMENT SCHEME MALAVALLI TALUK, MANDYA DISTRICT-571 430 … RESPONDENTS (BY SRI ANUPAMA HEGDE, ADVOCATE FOR R1; SRI M.V. RAMESH JOIS, AGA FOR R2 TO R5) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE GOVERMNET OF INDIA ORDER DATED 25.05.2010, GOVERNMENT OF INDIA MINISTRY OF WOMEN AND CHILD DEVELOPMENT C.D.I. SECTION, VIDE ANN-B AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The short grievance of the petitioners is against the contesting respondent not agreeing to induct them in service as Anganawadi Workers on the ground that they being the elected representatives of the Grama Panchayat concurrently cannot discharge the duties as Anganawadi Workers.
2. Having heard the learned counsel for the parties and having perused the petition papers, the impugned decision and also impugned Central Government letter cannot be faltered. It is neither permissible nor desirable for the State to permit an elected representatives of a Grama Panchayat to function as an Anganawadi Workers especially when they had contested the election after resigning the Job, on their own.
3. The impugned decision is consistent with the Central Government letter dated 25.05.2010, a copy whereof is at Annexure – B to which a challenge is also laid. The impugned Central Government Letter has a logic and reason which are not far to seek; in village schools, the management and the parents of the school children would face difficulty in extracting work from persons coming from political background. Having enjoyed the position of Gram Panchayath Membership for a term, now the petitioners are unjustifiably trying to gain re-entry to the employment, which they had quit years ago for contesting the election.
In the above circumstances, these writ petitions being devoid of merits, are dismissed with a cost of Rs.5/- each.
Sd/- JUDGE KTY