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2025 DAILYLAW 58903 (KAR)

SMT LATA SITARAM KALAS v. UNION OF INDIA

WP/8140/2014 · 2025-08-28

S R Krishna Kumar

Original Suitbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10899 WP No. 8140 of 2014 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 28TH DAY OF AUGUST 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR WRIT PETITION NO. 8140 OF 2014 (S-DIS) BETWEEN: SMT. LATA SITARAM KALAS W/O. LATE SITARAMKALAS, AGED ABOUT 46 YEARS, RESIDING AT CHENDIA, CHENDIA POST, NEAR DEVATI TEMPLE, KARAWAR, UTARAKANNADA DISTRICT-581324. …PETITIONER (BY SRI. SHANKAR S.BHAT, SRI. GANAPATI M.BHAT AND SRI. MARUTI REDDY, ADVOCATES) AND: 1. UNION OF INDIA REPRESENTED BY SECRETARY, MINISTRY OF WOMEN AND CHILD DEVELOPMENT, ROOM NO.606, "A" WING, 6TH FLOOR, SHASTRIBHAVAN, NEW DELHI-110 001. 2. STATE OF KARNATA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF HEALTH AND FAMILY WELFARE, M.S. BUILDING, BANGALORE-560 001. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.09.01 15:22:02 +0530 - 2 - HC-KAR NC: 2025:KHC-D:10899 WP No. 8140 of 2014 3. DIRECTOR OF WOMEN AND CHILD DEVELOPMENT, GOVERNMENT OF KARNATAKA, M.S. BUILDING, DR.B.R. AMBEDKAR VEEDHI, BANGALORE560 001. 4. DEPUTY DIRECTOR OF WOMEN AND CHILD DEVELOPMENT, KARWAR, UTTARA KANNADA-581301. 5. CHILD DEVELOPMENT OFFICER DEPARTMENT OF CHILD AND FAMILY WELFARE, INTEGRATED CHILD DEVELOPMENT SCHEME, KARWAR TALUK, UTATARA KANNADA-581 301. …RESPONDENTS (BY SRI. M.T.BANGI, ADVOCATE FOR R1; SRI. S.P.KANDAGAL, ADVOCATE FOR R1; SRI. ASHOK KATTIMANI, AGA FOR R2 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION BY QUASHING THE ORDER GOVERNMENT OF INDIA ORDER DATED 25.5.2010 BEARING NO.S.NO.5(1), NO.19-18/2009-C.D.-1 GOVERNMENT OF INDIA, MINISTRY OF WOMEN AND CHILD DEVELOPMENT C.D.I SECTION ANNEXURE-C AND WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION BY QUASHING THE ORDER ANNEXURE-D,CIRCULAR, BEARING NO.D.W.C.I.C.D.A.N.G.-1:107/2008-2009 DATED 20.10.2010 ISSUED BY THE RESPONDENT NO.3 AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10899 WP No. 8140 of 2014 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR) In this writ petition, the petitioner sought for the reliefs and interim reliefs as following. (i) To issue writ of certiorari or any other writ or direction by quashing the order Government of India order dated 25.05.2010 bearing No.S.No.5(1), No.19-18/2009-C.D.-1 Government of India, Ministry of Women and Child Development C.D.I Section ANNEXURE-C, (ii) To issue writ of certiorari or any other writ or order or direction by quashing the order ANNEXURE-D, circular, bearing No.D.W.C.I.C.D.A.N.G.- 1:107/2008-2009 dated 20.10.2010 issued by the Respondent No.3, (iii) To issue writ of certiorari or any other writ or order or direction by quashing the order, ANNEXURE-E, another circular, bearing No. No.D.W.C.I.C.D.A.N.G. -1:107/2008-2009 dated: 01-04-2011, issued by the respondent No.3, (iv) To issue writ of certiorari or any other writ or order or direction by quashing the order bearing No.UNlka / Mamae / am / ka / am / ka / am / sa / : 12-2013 dated: 07-12-2012 passed by the respondent No.4 - 4 - HC-KAR NC: 2025:KHC-D:10899 WP No. 8140 of 2014 in so far as the same pertains to the petitioner produced herewith and marked as ANNEXURE-L. (v) To issue Issue a writ of mandamus or any other appropriate order or direction/s directing the respondent No.2 to 5 to continue the petitioner pursuant to the communications/representations dated: 07-08-2013, at ANNEXURE-B, resignation dated:02-08-2013 at ANNEXURE-H, (vi) Pass such other order/direction/s writs that this Hon’ble Court may deem fit and proper on facts and circumstances of the case to secure the ends of justice and equity. INTERIM PRAYER : During the pendency of the proceedings, it is prayed that this Hon’ble Court may be pleased to stay the operation of orders / memorandum Order / Government of India order dated 25.05.2010 bearing No.S.No.5(1), No.19-18/2009-C.D.-1 Government of India, Ministry of women and Child Development C.D.I Section Annexure-C, and Annexure-D, - Circular, bearing No.D.W.C.I.C.D.A.N.G.-1:107/2008-2009 dated : 20.10.2010 issued by Respondent NO.3, Annexure-E, another circular, bearing No.D.W.C.I.C.D.A.N.G.-1:107/2008-2009 dated : 01.04.2011, issued by respondent No.3. it is prayed for stay of the operation of the order of termination bearing No.UNIKa/Mamae/am/Ka/am/ka/am/sa/:12- - 5 - HC-KAR NC: 2025:KHC-D:10899 WP No. 8140 of 2014 2013 dated 07.12.2012 produced herewith and marked as Annexure-L in so far as it pertains to petitioner. The petitioner also prays for restraining the respondents No.2 to 5 from proceeding with recruitment pursuant to the notification dated : 01.02.2014 produced at Annexure-F bearing No.Shi : a : yo : ka : am : ka : am : su : nemaka : 2013-14. It is prayed for direction to the respondents to continue the petitioner in the position of Anganawadi workers at Chenia, Karwar during the pendency of the writ petition. It is prayed for passing such other and further interim orders/s, direction/s, that this Hon’ble Court may deem fit and proper and facts and circumstances of the case in the interest of justice and equity.” 2. Heard learned Counsel for the petitioner and learned counsel for the respondents and perused the material on record. 3. On perusal of the material on record will indicate that the petitioner contends that, the petitioner who was earlier an Anganawadi Worker was permitted to contest for elections to the Gram Panchayat, pursuant to which, the petitioner got elected as Member of the Chendia Gram Panchayat. It is contended that, the Government of India issued a notifications dated 25.05.2010 and Circular dated 20.10.2010 issued by the Government of Karnataka, directing and stating that the elected gram - 6 - HC-KAR NC: 2025:KHC-D:10899 WP No. 8140 of 2014 panchayat members cannot continue to hold the post of Anganawadi Workers. On 06.08.2013, the petitioner submitted a representation to the Director, Women and Child Development seeking continuation to the post of Anganawadi Worker in Chendia village. In the said communication, the petitioner stated that, apart from the fact that, ban on Anganawadi Worker was bad in law, the petitioner had resigned to the membership of Chendia gram panchayat. 4. It is the grievance of the petitioner that vide endorsement dated 26.08.2013, the petitioner was terminated from the post of Ananawadi Worker and since several insulting remarks had been made against the petitioner in the said order of termination, pursuant to which, the respondent issued an office memorandum dated 01.02.2014 calling for fresh application and as such, the petitioner is before this Court by way of the present petition. 5. After having heard the parties and upon perusal of the impugned endorsement at Annexure-A dated 26.08.2013, I am of the considered opinion that neither legal nor valid grounds have been made out by the petitioner warranting interference by - 7 - HC-KAR NC: 2025:KHC-D:10899 WP No. 8140 of 2014 this Court in the present petition. It is also pertinent to note that, there is no interim order passed in favour of the petitioner in the present petition, which was filed in the year 2014. However, the alleged insulting remarks said to have been made against the petitioner in the impugned endorsement at Annexure-A dated 26.08.2013 are hereby directed to be quashed and eschewed while retaining remaining portion of the impugned endorsement under which, the petitioner has been terminated from the post of Anganawadi Worker. Under these circumstances, I am of the view that there is no merit in the present petition and the same is liable to be disposed of accordingly. 6. In the result, the following: ORDER (i) The petition is hereby disposed of without interfering with the impugned endorsement. (ii) The alleged personal remarks said to have been made against the petitioner in the impugned endorsement at Annexure-A are hereby quashed and eschewed from consideration. - 8 - HC-KAR NC: 2025:KHC-D:10899 WP No. 8140 of 2014 (iii) The remaining reliefs sought for by the petitioner in the present petition and contentions urged by her are hereby rejected. Sd/- (S.R. KRISHNA KUMAR) JUDGE EM Ct:vh List No.: 1 Sl No.: 2