THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P.M.P. NO.24260 OF 2012 AND W.V.M.P.NO.3434 OF 2012 IN W.P. NO.18925 OF 2012;
W.P.M.P. NO.37591 OF 2012 AND W.V.M.P. NOS.3990 OF 2012 AND 644 OF 2013 IN W.P. NO.29451 OF 2012;
WRIT PETITION NOS.18925 & 29451 OF 2012 AND CONTEMPT CASE NOS.1647 OF 2012 & 55 OF 2013 DATED 05th DECEMBER, 2014 Between:
Smt. Vangala Bhagavadgitha … Petitioner and The Government of Andhra Pradesh, Department for Women, Children (ICDS) Disabled and Senior Citizens and others … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P.M.P. NO.24260 OF 2012 AND W.V.M.P.NO.3434 OF 2012 IN W.P. NO.18925 OF 2012;
W.P.M.P. NO.37591 OF 2012 AND W.V.M.P. NOS.3990 OF 2012 AND 644 OF 2013 IN W.P. NO.29451 OF 2012;
WRIT PETITION NOS.18925 & 29451 OF 2012 AND CONTEMPT CASE NOS.1647 OF 2012 & 55 OF 2013 C O M M O N O R D E R The petitioner is the same in these two writ petitions. By way of W.P. No.18925 of 2012, she assailed the action of the respondents therein in conducting a written test and selecting candidates contrary to the guidelines issued in G.O.Ms.No.15, Department for Women, Children (ICDS) Disabled and Senior Citizens, dated 04.04.2012, in respect of the selection to be made in ICDS Project, Jagitial, Karimnagar District. She also sought a consequential direction to award marks to her as per the guidelines in the aforestated G.O. and make selection for the posts of Anganwadi workers. By order dated 26.06.2012, the respondents were directed by this Court to make appointments to the posts of Anganwadi workers in ICDS Project, Jagitial, Karimnagar District, strictly in accordance with G.O.Ms.No.15, dated 04.04.2012.
W.P. No.29451 of 2012 was thereafter filed assailing the proceedings dated 08.08.2012 passed by the Child Development Project Officer, ICDS Project, Jagitial, Karimnagar District, appointing the sixth respondent as an Anganwadi worker, on the ground that the same was contrary to the guidelines issued in G.O.Ms.No.15 dated 04.04.2012. By interim order dated 24.09.2012 passed therein, this Court granted interim suspension of the proceedings dated 08.08.2012 in so far as it pertained to the sixth respondent.
Vacate stay petitions have been filed by the State and the sixth respondent. Alleging disobedience to the orders passed in both the writ petitions, the writ petitioner filed Contempt Case Nos.1647 of 2012 and 55 of 2013.
Upon hearing the learned counsel for the parties, it emerges that the notification calling for applications for filling up the posts of Anganwadi workers in ICDS Project at Jagitial, Karimnagar District, was issued on 11.01.2011. The guidelines issued under G.O.Ms.No.15 dated 04.04.2012 were prospective in nature and there is no indication that the same were to be given any retrospective operation. In that view of the matter, the very prayer of the petitioner in W.P. No.18925 of 2012 to direct the authorities to act in accordance with the said G.O. in the context of the notification, which was issued prior thereto, cannot be countenanced. The interim orders were passed by this Court on the assumption that the G.O. had application to the subject notification. However, it is conceded by Sri T.P. Acharya, learned counsel, that the notification was earlier in point of time and therefore, the G.O. issued subsequently would not apply thereto. In that view of the matter, interim orders in both the writ petitions are vacated and the miscellaneous petitions are ordered accordingly.
As the prayer in W.P. No.18925 of 2012 must inevitably fail in terms of the application of the subject G.O. to the notification issued prior thereto, W.P. No.18925 of 2012 is also dismissed. As the appointment of the sixth respondent in W.P. No.29451 of 2012 was assailed only on the short ground that it was effected contrary to the guidelines of G.O.Ms.No.15 dated 04.04.2012 and as this Court has already found that the said G.O. would have no application to the subject notification, W.P. No.29451 of 2012 is also dismissed. Pending miscellaneous petitions in both the writ petitions, if any, shall also stand dismissed in consequence.
In the light of the orders passed by this Court in W.P. Nos.18925 and 29451 of 2012, Contempt Case Nos.1647 of 2012 and 55 of 2013 are closed. No order as to costs.
SANJAY KUMAR, J 05th DECEMBER, 2014
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