AI Structured Summary
Not yet generated for this judgment
Judgment
In this writ petition the petitioner seeks following reliefs:
Mandamus commanding the respondents to issue the adjustment order in favour of the petitioner as Anganwari worker against the vacant post.
Mandamus commanding the respondents to maintain the security of the petitioner as Anganwari Worker from the date of her appointment i.e.,
28.11.1999.
The case of the petitioner is based on communication dated November, 1999 which emanated from the office of Programme Officer (Hqr),
Directorate of Social Welfare and is addressed to the Child Development Project Officer, Kulgam. In the said communication it was
recommended that petitioner be engaged as Anganwari Worker in ICDS Project Kulgam purely on honorarium basis of Rs.800/ per month in case
of matriculate and Rs. 700/ per month in case of nonmatriculate against available vacancy subject to production of requisite eligibility (sic) under
the guidelines of ICDS scheme. The case of the petitioner as set up in the writ petition is that as the post of Anganwari Worker was not available
she was adjusted as Helper to Supervisor and is continuously discharging her duties as Helper to Supervisor till date.
The factum of petitioner's engagement as Anganwari Helper to Supervisor is also admitted by respondents in their reply. The communication
(supra) on which reliance is placed, does not confer any legal right on the petitioner to seek writ of Mandamus commanding respondents to adjust
her against the post of Anganwari Worker. In the writ of Mandamus petitioner has to satisfy the Court that statutory/legal right is vested in him/her
and there is corresponding statutory/legal obligation cast on the opposite party which is required to be performed by them. For the issuance of writ
of Mandamus it is further to be pleaded and shown that demand for justice has been made to the other side. In the present case, all the basic legal
elements required for seeking issuance of writ of Mandamus are missing. In such circumstances, writ of Mandamus cannot be issued to the
respondents to adjust the petitioner as Anganwari Worker.
The writ petition also suffers from unexplained delay and laches. The communication on which reliance is placed is of the year 1999 and the writ
petition is filed in 2006. The writ petition is not maintainable on this score also.
Learned counsel for the petitioner submits that as and when the post of Anganwari Worker is required to be filled up and notification issued by
the respondents, in such event, respondents be directed to consider the petitioner for being engaged as Anganwari Worker. Even this direction
cannot be issued because right of consideration for being selected/engaged to any public post is a fundamental right guaranteed under Article 16 of
the Constitution vested in all eligible candidates. In the event any post of Anganwari Worker is advertised, the petitioner if eligible in accordance
with the scheme and rules governing the field, can seek consideration for being selected and appointed.
Learned counsel for the petitioner submits that respondents be directed to release the legally earned unpaid wages to the petitioner. Legally
earned wages is the property of an employee and right to receive the same is a fundamental right under Article 19 of the Constitution. The
respondents are directed to release the legally earned unpaid wages to the petitioner in accordance with law and rules.
The writ petition is, accordingly, disposed of.