The appointment of vacancies under promotional policies must adhere to established circulars and ensure fair consideration of eligible candidates.

JUDGMENT Dated this the 8^th day of January, 2026 The petitioner is the second rank holder in the selection list of Anganwadi Worker for Kottukal Grama Panchayat under the Athiyannoor ICDS Project, which came into force on 06.06.2024 and is valid up to 06.06.2027. The

1^st rank candidate has already been appointed.

2. Apart from the selection list, in Kottukal Grama Panchayat, there is a list of eligible Helpers to be promoted as Workers. When three vacancies of Workers had arisen in the Panchayat, the 3^rd respondent appointed the first rank holder and also the person eligible for reservation from the selection list in the two vacancies and one vacancy had been filled up by resorting to promotion from the category of Helpers.

3. The petitioner challenged the filling of the vacancy by promotion, contending that as per the turn for appointment among the ten categories fixed by Ext.P2 Circular, the fourth vacancy alone was to be filled by promotion from the category of Helpers. In the case of three vacancies, the third vacancy should also have been filled from the selection list, as candidates from the other categories were not available in the Panchayat.

4. The 3^rd respondent declined the challenge by holding that after the last promotion effected from the category of Helpers, there arose two vacancies prior to the three vacancies contended by the petitioner and those two vacancies have been filled up from other categories, reckoning five vacancies in together one vacancy would go to promotion of Helper by Ext.P4. The petitioner is not challenging Ext.P4 in this writ petition.

5. Now, a vacancy has arisen by death of an incumbent in the post of Worker in the Panchayat. The 3^rd respondent is maintaining the stand that those vacancies cannot be filled up from the select list which would go for appointment under the Compassionate Appointment Scheme. The petitioner has claimed the said vacancy by way of Ext.P5. The Compassionate Appointment Scheme, made applicable for the appointment of Workers and Helpers by Ext.P6, provides that a vacancy arising by virtue of death shall remain unfilled for a period of six months, during which time applications for Compassionate Appointment may be submitted. If the application had not been submitted within six months, the vacancy arisen by death can be permanently filled up and the next arising vacancy in the project after submission of the application shall enure to the benefit for Compassionate Appointment.

6. The period stipulated to submit application within six months was extended as per Ext.P7 by two years and thereafter the priority of turns were fixed among the 10 categories for appointment to the post of workers in Anganwadies by Ext.P2 in the year 2020 by providing the first turn for appointment under Compassionate Appointment Scheme from the list available for compassionate appointment.

7. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

8. The contention of the petitioner is that she is entitled to be appointed in the vacancy arisen due to the death of incumbent in the post of Worker in Anganwadi No.67 in Kottukal Grama Panchayat as the vacancy being the 6^th vacancy after coming into the force of Ext.P2 Circular which would enure only to the candidate in the selection list. 9. Be that as it may, from the pleadings, I find that the petitioner has preferred Ext.P5 representation before the 1^st respondent. In the facts of the case, it would be sufficient that the 1^st respondent considers and takes appropriate decision on Ext.P5 after giving notice to the petitioner and other affected parties, if any.

The writ petition is acc