APHC010474612024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24537/2024 Between: Smt.gudapati Pulla Manemma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. N PREMRAJ Counsel for the Respondent(S): 1. GP FOR SERVICES II The Court made the following: ORDER The above writ petition is filed to declare the action of respondents in not promoting the petitioner as Anganwadi Worker of Janardhanapuram Center-1, Nandiwada Mandal, immediately after resignation of Smt.B.Dorka, as per G.O.Ms.No.44 Department for Women, Children, Differently Abled & Senior Citizens (Prog.II), dated 20.12.2023, as illegal and arbitrary. 2. The petitioner was appointed as Anganwadi Helper vide proceedings No.69/A/2007 dated 06.01.2009 at Janardhanapuram Center-1, Nandiwada Mandal, Krishna District. One Smt.B.Dorka, Anganwadi Worker of Janardhanapuram Center-1, resigned on 02.02.2024. The petitioner aged about 49 years 8 months, is entitled to be appointed for the post of Anganwadi Worker, however, the petitioner’s case was not considered and the 5th respondent was appointed as Anganwadi worker by proceedings No.1/J.A/2024 dated 21.09.2024. 3. A counter affidavit was filed on behalf of the 4th respondent. It was contended that Smt B.Dorka submitted her resignation letter on 03.02.2024 due to health problems. Immediately, the election code came into force, and to avoid work disturbance one Smt.Anitha Lakshmi was given in charge at Janardhanapuram Anganwadi Center-1. After the completion of the election, the 4th respondent addressed a letter to the 3rd respondent vide Rc.No.12/JA/2024 dated 27.08.2024 regarding the proposals for promotions of Anganwadi Helper about ICDS Project, Gudivada along with individual applications with formats. The 3rd respondent-District Collector vide C.No.336/A3/2021 dated 28.08.2024, approved the note for terminations/resignations/deaths of AWW/Mini AWWs/AWHs and the same was sent to the District Women & Child Welfare & Empowerment Officer, Krishna District, who in turn vide C.No.336/A3/2021 dated 02.09.2024 directed the CPDOs to take necessary action. As per the note approval of the District Collector dated 28.08.2024, the resignation letter submitted by the Anganwadi Worker i.e. Smt.B.Dorka, was accepted. The 5th respondent was promoted as Anganwadi Worker in Janardhanapuram Center-I vide proceedings No.1/JA/2024 dated 21.09.2024 and she joined duty on 21.09.2024. The appointment of the 5th respondent as per the Rules and eventually prayed to dismiss the writ petition. 4. Heard Sri N.Prem Raj, learned counsel for the petitioner and Sri Srinivas, learned Assistant Government Pleader for Women Development & Child Welfare for respondents. 5. Learned counsel for the petitioner would submit that as per G.O.Ms.No.44 dated 20.12.2023, the age limit was enhanced from 45 to 50 years in respect of Anganwadi Helper for appointment as Anganwadi Worker. He would also submit that by the date when the vacancy arose in respect of Anganwadi Worker, the petitioner is about 49 years 8 months. Despite the said fact, the case of the petitioner was not considered. 6. Learned Assistant Government Pleader for respondents would submit that though B.Dorka, Anganwadi Worker, resigned on 03.02.2024, the same was accepted as per the note approval of the District Collector on 28.08.2024 and by that time, the petitioner crossed 50 years and hence, the 5th respondent was appointed as Anganwadi Worker. 7. Thus, as seen from the pleadings and material available on record, there is no dispute about the petitioner’s appointment as Anganwadi Helper on 06.01.2009 and the resignation of Smt B.Dorka, Anganwadi Worker on 03.02.2024. The Commissioner, Women Development and Child Welfare Department issued Circular Memo No.20888/K3/94 dated 09.02.1995 Government issued a circular regarding the resignation etc., of Anganwadi Workers. Point No.8, which is relevant reads thus: “No Anganwadi Worker shall be removed or resignation accepted without prior approval of the concerned District Level Selection Committee”. Point No.9 of the Circular reads thus: “At the time of filling up of vacancies of Anganwadi Workers arising due to resignation, removal, transfers etc., the detailed reasons for the post falling vacant, should be placed before the District Level Selection Committee/District Collector” 8. Thus, as seen from points 8 and 9 of the above circular memo, approval of District Level Selection Committee is a sine qua non to accept the resignation and thereafter only, the post of Anganwadi Worker is deemed to fall vacant. 9. In the case at hand, though Smt B.Dorka submitted her resignation on 03.02.2024, the same was accepted on 28.08.2024 and by the said date, the petitioner crossed 50 years. As such, the petitioner is not entitled to be promoted as Anganwadi Worker. 10. Given the discussion supra, this Court does not find any merit in the writ petition and the same is liable to be dismissed. 11. Accordingly, the Writ Petition is Dismissed. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI PVD