Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 9988 (KAR)

SMT. VIMALAKSHI B v. STATE OF KARNATAKA

WA/630/2023 · 2026-03-09

Anu Sivaraman, Vijaykumar A Patil

Contempt Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:15199-DB W.A. No.630/2023 AND CONNECTED WITH MATTERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.630/2023 (S-RES) C/W CIVIL CONTEMPT PETITION NO.1238/2023 WRIT APPEAL NO.631/2023 (S-RES) WRIT APPEAL NO.757/2024 (S-RES) IN W.A. No.630/2023: BETWEEN: SMT. VIMALAKSHI .B W/O THIPPESWAMY AGED ABOUT 33 YEARS ANGANAVADI HELPER-C CENTRE NELAGHATHANAHATTI CHALLAKERE TALUK CHITRADURGA DISTRICT-577522. …APPELLANT (BY SRI. KEMPE GOWDA C.M. ADV.,) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF WOMAN AND CHILD WEFARE, M.S. BUILDING Digitally signed by RUPA V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:15199-DB W.A. No.630/2023 AND CONNECTED WITH MATTERS DR. AMBEDKAR VEEDHI BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DEPARTMENT OF WOMAN AND CHILD WELFARE, CHITRADURGA CHITRADURGA DISTRICT-515281. 3. THE MEMBER SECRETARY CUM CHILD DEVELOPMENT PROJECT OFFICER, ANGANAVADI WORKERS SELECTION COMMITTEE OFFICE OF THE CDPO, CHALLAKERE CHALLAKERE TALUK DAVANAGERE DISTRICT-577522. 4. SMT. B.O. KALAVATHI W/O LATE KYASAYYA AGED ABOUT 35 YEARS WORKING AS ANGANAVADI WORKER AT NELAGETHANAHATTI-B CENTRE CHALLAKERE TALUK CHITRADURGA DISTRICT-577522. …RESPONDENTS (BY SMT. SAVITRAMMA, AGA FOR R1 TO R3 SRI. MARUTHI G.B. ADV., FOR R4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 02/03/2023 PASSED BY THE LEARNED HON'BLE SINGLE JUDGE IN WP NO.10260/2022 BY DISMISSING THE WRIT PETITION FILED THE 4TH RESPONDENT HEREIN. IN C.C.C. NO.1238/2023: BETWEEN: SMT. B.O. KALAVATHI W/O LATE KYASAYYA - 3 - HC-KAR NC: 2026:KHC:15199-DB W.A. No.630/2023 AND CONNECTED WITH MATTERS AGED ABOUT 35 YEARS WORKING AS ANGANAVADI WORKER AT NALAGETHANAHATTI B CENTRE CHALLAKERE TALUK CHITRADURGA DISTRICT 577522. ...COMPLAINANT (BY SRI. MARUTHI G.B. ADV.,) AND: 1. MR. C.N. SEETHARAM MAJOR, SECRETARY THE STATE OF KARNATAKA DEPARTMENT OF WOMAN AND CHILD WELFARE, M.S. BUILDING BENGALURU 560001. 2. BHARATHI BANAKAR MAJOR THE DEPUTY COMMISSIONER DEPARTMENT OF WOMAN AND CHILD WELFARE, CHITRADURGA CHITRADURGA DISTRICT 515281. 3. SRI. HARIPRASAD .C MAJOR THE MEMBER SECRETARY CUM CHILD DEVELOPMENT PROJECT OFFICER ANGANAVADI WORKERS SELECTION COMMITTEE OFFICE TO THE CDPO CHALLAKERE CHALLAKERE TALUK DAVANAGERE DISTRICT 577522. ...ACCUSED 4. THE STATE OF KARNATAKA DEPARTMENT OF WOMEN AND CHILD WELFARE M.S.BUILDING - 4 - HC-KAR NC: 2026:KHC:15199-DB W.A. No.630/2023 AND CONNECTED WITH MATTERS BENGALURU-560 001. REP. BY SECRETARY. ….. PROFORMA RESPONDENT (BY SMT. SAVITRAMMA, AGA FOR PROFORMA R4 A1 TO A3 SERVED AND UNREPRESENTED) THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO INITIATE SEVERE CONTEMPT PROCEEDINGS AGAINST THE ACCUSED FOR HAVING DELIBERATELY, WILLFULLY AND INTENTIONALLY DISOBEYED IN COMPLIANCE OF THE COURT ORDER DATED 02.03.2023 PASSED IN W.P.NO.8320/2022 C/W W.P.NO.10260/2022 (S-RES) MARKED AT ANNEXURE-A AND TO DEAL WITH THEM IN ACCORDANCE OF LAW, WITH A FURTHER DIRECTION TO THE ACCUSED TO FORTHWITH COMPLY THE ORDER OF THE LEARNED SINGLE JUDGE, AS EXPEDITIOUSLY AS POSSIBLE, WITHOUT ANY FURTHER LOSS OF TIME. IN W.A. NO.631/2023: BETWEEN: SMT. VIMALAKSHI .B W/O THIPPESWAMY AGED ABOUT 33 YEARS ANGANAVADI HELPER C CENTRE NELAGHATHANAHATTI CHALLAKERE TALUK CHITRADURGA-577522. ...APPELLANT (BY SRI. KEMPE GOWDA C.M. ADV.,) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF WOMAN AND CHILD WELFARE - 5 - HC-KAR NC: 2026:KHC:15199-DB W.A. No.630/2023 AND CONNECTED WITH MATTERS M.S. BUILDING DR. AMBEDKAR VEEDHI BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DEPARTMENT OF WOMAN AND CHILD WELFARE, CHITRADURGA CHITRADURGA DISTRICT-515281. 3. THE MEMBER SECRETARY CUM CHILD DEVELOPMENT PROJECT OFFICER ANGANAVADI WORKERS SELECTION COMMITTEE OFFICE OF THE CDPO,CHALLAKERE CHALLAKERE TALUK DAVANAGERE DISTRICT-577522. 4. SMT. B.O. KALVATHI W/O LATE KYASAYYA AGED ABOUT 35 YEARS WORKING AS ANGANAVADI WORKER AT NELAGETHANAHATTI B CENTRE CHALLAKERE TALUK CHITRADURGA DISTRICT-577522. ...RESPONDENTS (BY SMT. SAVITRAMMA, AGA FOR R1 TO R3 SRI. MARUTHI G.B. ADV., FOR R4) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO SET ASIDE THE ORDER DATED 02/03/2023 PASSED BY THE LEARNED HON'BLE SINGLE JUDGE IN WP NO.8320/2022 BY DISMISSING THE WRIT PETITION FILED THE 4TH RESPONDENT HEREIN. - 6 - HC-KAR NC: 2026:KHC:15199-DB W.A. No.630/2023 AND CONNECTED WITH MATTERS IN W.A. NO.757/2024; BETWEEN: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF WOMAN AND CHILD WEFLFARE, M.S. BUILDING BANGALORE-560001. 2. THE DEPUTY COMMISSIONER DEPARTMENT OF WOMAN AND CHILD WELFARE, CHITRADURGA CHITRADURGA DISTRICT-515281. 3. THE MEMBER SECRETARY CUM CHILD DEVELOPMENT PROJECT OFFICER ANGANAVADI WORKERS SELECTION COMMITTEE OFFICE OF THE CEDPO CHALLKERE CHALLKEERE TALUK DAVANAGERE DISTRICT-577522. ...APPELLANTS (BY SMT. SAVITRAMMA, AGA) AND: 1. SMT. B.O. KALAVATHI W/O LATE KYASAYYA AGED ABOUT 36 YEARS WORKING AS ANGANAVADI WORKER AT NALAGETHANAHATTII-B CENTRE CHALLAKERE TALUK CHITRADURGA DISTRICT-577522. 2. VIMALAKSHI .B THIPPESWAMY AGED ABOUT 34 YEARS ANAGANAVADI HELPER-CENTRE NELAGHATHANAHATTI - 7 - HC-KAR NC: 2026:KHC:15199-DB W.A. No.630/2023 AND CONNECTED WITH MATTERS CHALLAKERE TALUK CHITRADURGA DISTRICT-577522. ...RESPONDENTS (BY SRI. MATUTHI G.B. ADV., FOR R1) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, 1961, PRAYING TO ALLOW THE APPEAL. SET ASIDE THE ORDER DATED 02.03.2023 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WP No.8320/2022 (S-RES) C/W WP No.10260/2022 (S-RES) & ETC. THESE APPEALS CONNECTED WITH C.C.C COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) W.A.Nos.630/2023 and 631/2023 are filed by Smt.Vimalakshi B., W.A.No.757/2024 is filed by the State of Karnataka and others, challenging the order dated 02.03.2023 passed in W.P.No.8320/2022 c/w W.P.No.10260/2022 by the learned Single Judge. CCC No.1238/2023 is filed by Smt.B.O.Kalavathi alleging willful - 8 - HC-KAR NC: 2026:KHC:15199-DB W.A. No.630/2023 AND CONNECTED WITH MATTERS disobedience of the order passed by the learned Single Judge. 2. These appeals and contempt petition are clubbed together and heard finally with the consent of the learned counsel for the parties. 3. The brief facts leading to the filing of these appeals and the contempt petition are that Smt.B.O.Kalavathi filed the writ petitions challenging the endorsement dated 24.03.2022 issued by the respondent- Authorities wherein the request of the petitioner to consider her promotion to the post of Anganwadi worker was rejected as well as the order dated 22.04.2022 appointing Smt.Vimalakshi B. as an Anganawadi worker to the Nelagetanahatti-B Centre, Chitradurga District. The learned Single Judge considered the comparative merit of the candidates in terms of the relevant Government Orders and allowed the writ petitions by directing the respondent-Authorities to appoint Smt.B.O.Kalavathi as - 9 - HC-KAR NC: 2026:KHC:15199-DB W.A. No.630/2023 AND CONNECTED WITH MATTERS the Anganawadi worker within four weeks. Being aggrieved, these appeals are filed. The writ petitioner filed a contempt petition alleging willful disobedience of the order passed by the learned Single Judge. 4. Sri.C.M.Kempe Gowda, learned counsel appearing for the appellant-respondent No.4 in the writ petitions submits that the learned Single Judge has erred in allowing the writ petitions. It is submitted that the learned Single Judge has failed to take note of the reasons assigned in the order dated 22.04.2022 by the respondent-Authorities. It is further submitted that the learned Single Judge has failed to take note of the fact that the writ petitioners joined the services on 21.10.2009 as an Anganawadi helper and passed the SSLC examination during the month of September 2021. However, the appellant joined as an Anganawadi helper on 06.09.2018 and cleared the SSLC examination in the month of March 2004. Hence, it is appropriate to promote the appellant as the Anganawadi worker by considering - 10 - HC-KAR NC: 2026:KHC:15199-DB W.A. No.630/2023 AND CONNECTED WITH MATTERS her services. However, the learned Single Judge failed to consider the same. Hence, he seeks to allow the appeals. 5. The learned Additional Government Advocate appearing for the appellant in W.A.No.757/2024 submits that pursuant to the order of the learned Single Judge, the appointment order was issued to Smt.B.O.Kalavathi and hence, submits that the appeal of the State Government would not survive for consideration. Hence, she seeks to dispose of the appeals. 6. Per contra, Sri.Maruthi G.V., learned counsel appearing for the respondent No.4 supports the order of the learned Single Judge and submits that the appeals of Smt.B.O.Kalavathi would be rendered infructuous in view of the appointment of the respondent No.4 as Anganawadi worker. Hence, he seeks to dismiss the appeal. 7. We have heard the arguments advanced by the learned counsel appearing for the parties and meticulously perused the material available on record. We have given - 11 - HC-KAR NC: 2026:KHC:15199-DB W.A. No.630/2023 AND CONNECTED WITH MATTERS our anxious consideration to the submissions advanced on both the sides. 8. It is to be noticed that Smt.B.O.Kalavathi filed writ petitions challenging the endorsement dated 24.03.2022 issued by the respondent No.3, wherein the request of the writ petitioner for promotion as an Anganawadi worker to Nelagetanahatti-B Centre, Chitradurga, was rejected and also challenging the order of appointment dated 22.04.2022 appointing the appellant Smt.Vimalakshi B. The learned Single Judge allowed the writ petitions. It is to be noticed that the writ petitioner as well as the appellant herein were appointed as Anganawadi helpers in Nelagetanahatti-B Centre, Chitradurga. The post of Anganawadi worker fell vacant and both have sought to be promoted as Anganawadi worker. The Authorities, under the impugned endorsement dated 24.03.2022 rejected the request of the writ petitioner for promotion on the ground of seniority. It is further to be noticed that the learned Single Judge, - 12 - HC-KAR NC: 2026:KHC:15199-DB W.A. No.630/2023 AND CONNECTED WITH MATTERS considering the qualification to the post of Anganawadi worker and also considering the inter se merit among the Anganawadi helpers, has recorded the finding that the writ petitioner who is a widow, scored 51.52% and the appellant has scored 43.04% in the SSLC examination and interfered with the order of the appointment of the appellant. The said reasoning of the learned Single Judge is as per the Government orders and circulars in force and the same does not call for any interference in this appeal. Admittedly, the writ petitioner is more meritorious than the appellant. It is also to be noticed that during the pendency of these appeals, the respondent-Authorities have taken a decision and appointed the writ petitioner as the Anganawadi worker and in view of the said order also, the appeals of the appellant cannot be considered. Hence, we do not find any error in the finding recorded by the learned Single Judge calling for interference in the appeals filed by Smt.Vimalakshi B. The appeal of the State Government is required to be dismissed as having become - 13 - HC-KAR NC: 2026:KHC:15199-DB W.A. No.630/2023 AND CONNECTED WITH MATTERS infructuous in view of the State Government issuing the appointment order in favour of Smt.B.O.Kalavathi as the Anganawadi worker as per order dated 10.02.2026 by the Deputy Director, Women and Child Development Department, Chitradurga. In view of the appointment of the writ petitioner, the contempt proceedings in CCC No.1238/2023 has to be closed. 9. For the aforementioned reasons, W.A.Nos.630/2023, 631/2023 and 757/2024 are dismissed. CCC No.1238/2023 stands closed. Consequently, the pending interlocutory applications stand disposed of. No order as to costs. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE RV/List No.: 1 Sl No.: 18