Case Note & Summary
The petitioners, Smt. Prameela C K and Smt. Kendamma H S, were Anganawadi Workers appointed under the Integrated Child Development Services (ICDS) scheme. They were removed from service by orders dated 9.6.2016 passed by the Deputy Director, Department of Women and Child Development (Respondent No.3), on the ground that they continued to be members of the Grama Panchayat. The petitioners challenged these orders by filing writ petitions under Articles 226 and 227 of the Constitution of India before the High Court of Karnataka. The court heard the matter and perused the records. The court observed that there was no provision in the ICDS guidelines or any other rule that disqualified an Anganawadi Worker from being a member of the Grama Panchayat. The court noted that the removal orders were based on a ground not supported by any legal provision. Consequently, the court held that the impugned orders were without authority of law and liable to be quashed. The court allowed the writ petitions and set aside the orders of removal dated 9.6.2016. The court directed that the petitioners be reinstated as Anganawadi Workers with continuity of service and all consequential benefits.
Headnote
A) Service Law - Anganawadi Worker - Disqualification - Membership in Grama Panchayat - The issue was whether an Anganawadi Worker could be removed from service for being a member of the Grama Panchayat. The court held that there is no provision in the ICDS guidelines or any other rule disqualifying an Anganawadi Worker from being a member of the Grama Panchayat. The removal orders were quashed. (Paras 2-3) B) Constitutional Law - Articles 226 and 227 - Writ Jurisdiction - The court exercised its writ jurisdiction to quash the orders of removal passed by the Deputy Director, Department of Women and Child Development, as they were without authority of law. (Paras 1-3)
Issue of Consideration
Whether an Anganawadi Worker can be removed from service solely on the ground of being a member of the Grama Panchayat.
Final Decision
The court allowed the writ petitions and quashed the orders dated 9.6.2016 passed by the Deputy Director, Department of Women and Child Development. The court directed that the petitioners be reinstated as Anganawadi Workers with continuity of service and all consequential benefits.
Law Points
- Anganawadi Worker
- Grama Panchayat Member
- Disqualification
- ICDS Guidelines
- Removal
- Natural Justice
- Writ Jurisdiction
