- 1 - HC-KAR NC: 2025:KHC-D:9749 WP No. 102683 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.102683 OF 2025 (S-RES) BETWEEN: SMT. SIDDAVVA W/O. NINGAPPA BHATTI, (BEFORE MARRIAGE SIDDAVVA D/O. KAREPPA DADDI), AGE: 57 YEARS, OCC. NIL, R/O. BADUGER STREET, POST: MADAWAL TELAGINHATTI-591101, TQ. GOKAK, DIST. BELAGAVI. …PETITIONER (BY SRI. DEEPAK S. KULKARNI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, WOMEN AND CHILD DEVELOPMENT, M.S.BUILDING, BENGALURU-560001. 2. THE DEPUTY DIRECTOR WOMEN AND CHILD DEVELOPMENT, BELAGAVI, TALUKA AND DISTRICT: BELAGAVI, PIN CODE: 590016. 3. THE CHILD DEVELOPMENT PROJECT OFFICER (CDPO) GOKAK, TQ. GOKAK, DIST. BELAGAVI, PIN CODE: 591307. …RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1 TO R3 ) ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.07 12:01:41 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9749 WP No. 102683 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER PASSED BY THE RESPONDENT NO.2 (I.E., THE DEPUTY DIRECTOR, WOMEN AND CHILD DEVELOPMENT, BELAGAVI), DATED. 01-01-2024 BEARING NO. OONIBE/MMAE/AUMKAK/AUMS/NI-23-24/3149 (G¤¨É: ªÀĪÀÄCE: CAPÁPÀ: CA¸À: ¤ 23-24:3149), (ANNEXURE-A), IN SO FAR AS IT RELATES TO THE RETIREMENT OF THE PETITIONER, AS THE SAME BEING TOTALLY ARBITRARY, ILLEGAL AND NOT SUSTAINABLE IN LAW AND TO DIRECT THE RESPONDENT AUTHORITIES HEREIN TO CONTINUE THE PETITIONER IN THE POST OF “ANGANWADI ASSISTANT AT TALAGINATTI, GOKAK”. C. PASS ANY OTHER ORDERS AND GRANT ANY OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT AND NECESSARY UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioner is before this Court seeking for the following reliefs: a) Issue a writ of certiorari or any other writ or Order in the like nature quashing the order passed by the Respondent No.2 (i.e., the Deputy Director, Women And Child Development, Belagavi), dated: 01-01-2024 bearing no. OoNiBe/MMAE/AumKaK/AumS/Ni- 23-24/3149 (G¤¨É: ªÀĪÀÄCE: CAPÁPÀ: CA¸À: ¤ 23- 24:3149), (Annexure-A), in so far as it relates to the Retirement of the Petitioner, as the same being totally arbitrary, illegal and not sustainable in law. - 3 - HC-KAR NC: 2025:KHC-D:9749 WP No. 102683 of 2025 b) Issue a writ of mandamus or any other writ or order or direction in the like nature directing the respondent authorities herein to continue the Petitioner in the post of “Anganwadi Assistant at Talaginatti, Gokak. c). Pass any other orders and grant any other reliefs as this Hon’ble Court deems fit and necessary under the facts and circumstances of the case. 2. The short grievance of the petitioner is that, even though the petitioner has not attained the age of 60 years, she has been prematurely superannuated by the respondents vide order dated 01.01.2024, produced at Annexure-A. 3. Shri Deepak Kulkarni., learned counsel for the petitioner by referring to the Aadhar card of the petitioner, which has been produced at Annexure-C as also the identity card, which has been produced at Annexure-F, submits that, in both the documents, the date of birth has been mentioned as 20.04.1968 and as such, as on today, she has only attained the age of 57 years and not 60 years, being the age of - 4 - HC-KAR NC: 2025:KHC-D:9749 WP No. 102683 of 2025 superannuation. The said contention of learned counsel for the petitioner is borne out from the aforesaid documents, namely the Adhar Card, amd identity card and as such, the respondent could not have superannuated the petitioner before she attained the age of 60 years. In that view of the matter, I pass the following: ORDER i) Writ petition is allowed. ii) A certiorari is issued, the impugned order dated 01.01.2024 passed by respondent No.2 at Annexure-A, insofar as the petitioner is concerned, is quashed. iii) A mandamus is issued directing the respondent authorities to continue the petitioner in the post of ‘Anganavadi Assistant’ at Talaginahatti, Gokak, till she attains the age of superannuation. Sd/- (SURAJ GOVINDARAJ) JUDGE AM Ct:pa List No.: 1 Sl No.: 23