Case Note & Summary
The petitioners, Smt. Prameela C K and Smt. Kendamma H S, were Anganawadi Workers appointed under the Department of Women and Child Development, Karnataka. They were removed from service by orders dated 9.6.2016 passed by the Deputy Director (Respondent No.3) on the sole ground that they continued to be members of their respective Grama Panchayats. The petitioners challenged these orders by filing writ petitions under Articles 226 and 227 of the Constitution of India, seeking quashing of the removal orders. The court heard the matter and perused the records. The court observed that there was no provision in the guidelines or rules governing Anganawadi Workers that prohibited them from being members of a Grama Panchayat. The court further noted that the impugned orders were passed without issuing any show cause notice or affording an opportunity of hearing to the petitioners, thereby violating principles of natural justice. Consequently, the court held that the removal orders were unsustainable and liable to be quashed. The court allowed the writ petitions, set aside the impugned orders, and directed the respondents to reinstate the petitioners as Anganawadi Workers with continuity of service and all consequential benefits. The court also directed that the petitioners be paid their salary for the period they were out of service, subject to the condition that they had not worked elsewhere during that period.
Headnote
A) Service Law - Anganawadi Worker - Disqualification - Membership of Grama Panchayat - The court considered whether being a member of a Grama Panchayat disqualifies a person from continuing as an Anganawadi Worker. Held that there is no provision in the guidelines or rules that prohibits an Anganawadi Worker from being a member of a Grama Panchayat, and removal on that ground is unsustainable. (Paras 2-3) B) Service Law - Anganawadi Worker - Removal - Natural Justice - The court examined whether the impugned orders of removal were passed without affording an opportunity of hearing. Held that the orders were passed in violation of principles of natural justice as no show cause notice or hearing was given before removal. (Para 3)
Issue of Consideration
Whether membership of a Grama Panchayat constitutes a valid ground for removal of an Anganawadi Worker under the applicable guidelines and rules.
Final Decision
The writ petitions are allowed. The impugned orders dated 9.6.2016 passed by the Deputy Director (Respondent No.3) are quashed. The respondents are directed to reinstate the petitioners as Anganawadi Workers with continuity of service and all consequential benefits. The petitioners shall be paid their salary for the period they were out of service, provided they have not worked elsewhere during that period.
Law Points
- Anganawadi Worker
- Grama Panchayat Membership
- Disqualification
- Removal from Service
- Guidelines for Selection
- Natural Justice
