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2025 DAILYLAW 32454 (KAR)
M N ABHINANDANA v. THE STATE OF KARNATAKA
WP/2670/2020 · 2025-07-07
H T Narendra Prasad
body2025
[ 2025 DAILYLAW 32454 (KAR) · dailylaw.ai ]
[ 2025 DAILYLAW 32454 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24356 WP No. 2670 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 2670 OF 2020 (S-RES) BETWEEN:
M N ABHINANDANA D/O NINGEGOWDA W/O ARUN KUMAR AGED ABOUT 28 YEARS R/AT NO 1239, KARIYANNA KEMPANNA STREET SRIRANGAPATTANA MANDYA DISTRICT 571438 …PETITIONER (BY SRI. L SHEKAR., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT M S BUILDING BENGALURU 560001 REP BY ITS PRINCIPAL SECRETARY.
2.
THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA 571401.
3.
THE DEPUTY DIRECTOR DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT DISTRICT OFFICE, MANDYA 571401.
4.
THE CHILD DEVELOPMENT OFFICER DEPARTMENT OF WOMEN AND CHILD DEVELOPMENT, SRIRANGAPATNA MANDYA DISTRICT 571438.
Digitally signed by HEMALATHA A Location: HIGH COURTOF KARNATAKA
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HC-KAR NC: 2025:KHC:24356 WP No. 2670 of 2020
5.
THE TAHASILDAR SRIRANGAPATNA TALUK SRIRANGAPATNA, MANDYA DISTRICT 571438.
6.
S MANJULA W/O LATE S M SHIVAKUMAR AGED ABOUT 42 YEARS R/AT NO.2118 DODDAJONIGARA BEEDI SRIRANGAPATNA MANDYA DISTRICT-571438. …RESPONDENTS (BY SRI.VIKAS ROJIPURA., AGA FOR R1 & R5:
R6 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION PRAYING TO QUASH THE ORDER DATED 22.07.2019 BEARING NO:£ÀA.G¤ªÀÄA/L¹R/CA.PÁPÀ/PÀ.©./2019- 20/400 ISSUED BY THE R-3 VIDE ANNEXURE-P AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE H.T. NARENDRA PRASAD ORAL ORDER
1. In this writ petition, the petitioner has called in question the
order dated 22.07.2019 passed by respondent No.3 vide Annexure-P, whereby the petitioner has been discharged from the service of Anganawadi Worker.
2. The case of the petitioner is that the Department of Women and Child Development issued a recruitment
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HC-KAR NC: 2025:KHC:24356 WP No. 2670 of 2020
notification dated 17.07.2012 for the appointment of Anganwadi Workers at the Anganwadi Centres in Srirangapatna Taluk. Pursuant to the notification dated 17.07.2012, both the petitioner and Respondent No. 6 submitted applications. After verification of the records, the petitioner was appointed as an Anganwadi Worker for Ward No.13 of Srirangapatna. Respondent No.6 challenged the appointment of the petitioner before this Court in W.P.No.47903/2012. This Court by
order dated 28.05.2018 has held in paragraph No.8 as follows:
“10. To enable the said consideration to be made, the petitioner shall now submit a representation to respondent No.3 providing the details to indicate that she was a widow as on the date of the application for which the documents had been produced along with the application and continues to remain so even as on today. Further the document to indicate that she had completed her SSLC had been produced along with the application shall also be indicated in such representation by producing copies of the same. On such representation being filed by the petitioner, the respondent No.4 shall be notified in that regard and she shall also be provided an opportunity to indicate as to
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HC-KAR NC: 2025:KHC:24356 WP No. 2670 of 2020
whether the claim as made by the petitioner is justified. Thereafter, the respondent No.3 shall take a decision in the matter in the manner as indicated above. Such decision in any event shall be taken by the respondent No.3 in an expeditious manner but, not later than three months from the date on which the representation and the copy is submitted to the respondent No.3.”
3. Thereafter, respondent No.3, without considering the directions issued by this Court in W.P.No.47903/2012 on 28.05.2018, passed the impugned
order vide Annexure-P without giving any notice to the petitioner. The respondents have not taken any decision in respect of the case of respondent No. 6 as per the directions issued by this Court on 28.05.2018. Before taking any decision, the impugned order vide Annexure-P is passed. Hence, the same is liable to be quashed.
4. Accordingly, the following order is passed:
ORDER a) The writ petition is allowed.
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HC-KAR NC: 2025:KHC:24356 WP No. 2670 of 2020
b) The impugned order dated 22.07.2019 passed by respondent No.3 vide Annexure- P is quashed. c) The respondents are directed to reinstate the petitioner in service, within two weeks from the date of receipt of the certified copy of this order. d) The respondents are also directed to consider the case of respondent No.6 pursuant to the directions of this Court in W.P.No.47903/2012, within three months from the date of receipt of the certified copy of this order. e) It is made clear that the petitioner is not entitled to any back wages from the date of her termination till the date of her reinstatement.
Sd/- (H.T. NARENDRA PRASAD) JUDGE
HA LIST NO.: 1 SL NO.: 40