SANJAY KUMAR, K. VINOD CHANDRAN
Shiny C. J. – Appellant
Versus
Shalini Sreenivasan & Ors. Etc. – Respondent
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JUDGMENT
K. Vinod Chandran, J.
Leave granted.
2. Whether Anganwadi Workers having a Secondary School Leaving Certificate (SSLC) with 10 years’ experience, by reason of having possessed or obtained a graduate degree; in their eligibility to apply for vacancies of Supervisors in the Integrated Child Development Scheme (ICDS) should be confined to the 11% earmarked for graduates? Whether by such earmarking of vacancies for graduates are they excluded from applying under the 29% vacancies available to Anganwadi Workers holding an SSLC certificate and 10 years’ experience, for reason only of possessing a higher qualification?
3. Sri. Huzefa Ahmadi, learned Senior Counsel, led the arguments for the appellants and first took us to the rule position as it existed prior to 2013 and after the amendment, applicable from 01.01.2014. It is pointed out that the specific ratio carved out for the graduates amongst the Anganwadi Workers was from the ratio earlier kept apart for direct recruitment from graduates. This does not exclude the graduate Anganwadi Workers who have the requisite experience from applying in the 29% quota which they were always entitled to. Any interpretation otherwise would be d
Appointment on Post of Supervisors in Integrated Child Development Scheme (ICDS) – There can be no distinction found from amongst graduates and SSLC holders insofar as nature of duties performed.
The qualification for Supervisor under ICDS is a quota for Anganwadi workers with SSLC and 10 years of experience, not a general qualification applicable to all candidates.
Experience for appointment as Supervisor (ICDS) is not required for Anganwadi Workers with a degree, as per the Special Rules.
The State must adhere to central guidelines mandating a 50%:50% ratio for filling Supervisor vacancies under ICDS, rejecting any conflicting state rules.
The impugned Clause was found to be contrary to the Rules of 1991 and Rule 24 of CCA Rules of 1956, and the court emphasized that seniority should be determined based on the date of initial appointme....
The State/respondents have spectacularly failed to give any reason for appointing the candidates from the second list and not from the first list who had a reasonable expectation to be appointed. Fur....
Anganwadi Workers selected for Supervisor posts are entitled to substantive appointments and benefits retroactively from their initial engagement date, regardless of contractual arrangements.
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