Case Note & Summary
The petitioners, four Anganwadi workers employed with respondent No.3, filed a writ petition under Article 226 of the Constitution of India seeking directions to the respondents to undertake the promotion process from Anganwadi Karyakar to Mukhya Sevika. They had submitted applications dated 12/07/2021, 28/12/2021, and 11/01/2022 requesting consideration for promotion, but these applications remained undecided. The petitioners contended that they were eligible for promotion since 2018 and that vacancies existed, yet no process was initiated. The respondents, including the State of Gujarat and the concerned authorities, did not file a reply but raised preliminary objections regarding maintainability. The court, after hearing the parties, observed that the limited prayer was for consideration of the applications, not for a direction to promote. Accordingly, the court disposed of the petition with a direction to respondent No.3 to decide the petitioners' applications by a reasoned order within four weeks from the date of receipt of the order. The court clarified that it had not expressed any opinion on the merits of the case and that the decision would be taken in accordance with law. Rule was made absolute to that extent.
Headnote
A) Service Law - Promotion - Consideration of Application - Article 226 of the Constitution of India - The petitioners, working as Anganwadi workers, sought a writ of mandamus directing the respondents to consider their applications for promotion to the post of Mukhya Sevika. The court held that the respondents must decide the petitioners' applications by a reasoned order within four weeks, as the applications were pending without decision. (Paras 1-7)
Issue of Consideration
Whether the respondents are obligated to consider the petitioners' applications for promotion from Anganwadi Karyakar to Mukhya Sevika and undertake the nomination process.
Final Decision
The petition is disposed of with a direction to respondent No.3 to decide the petitioners' applications dated 12/07/2021, 28/12/2021, and 11/01/2022 by a reasoned order within four weeks from the date of receipt of the order. Rule is made absolute to that extent.
Law Points
- Writ of mandamus
- Article 226
- Promotion eligibility
- Consideration of representation
