Smt. D. Subbamma, Smt. Gopamma and Smt. Susheelamma vs The Secretary, Rural Development and Panchayat Raj, Government of Karnataka M.S. Building, Bangalore, Director, Women and Child Development Department, M.S. Building, Bangalore and Deputy Director, Dept of Women and Child Development, TAPCMS Building, Opp. to Canara Bank B.B. Road, Chikkaballapur

S. Abdul Nazeer

Learned AGA is directed to take notice for the respondents.

In these cases, the petitioners have called in question the validity of the notice at Annexure-F dated 25.11.2011 issued by the 3rd respondent calling upon them as to why they should not resign as Anganawadi workers or in the alternative to resign from membership of the Gram Panchayaths.

I have heard the learned Counsel for the parties.

On an earlier occasion, the 3rd respondent had issued a similar notice dated 11.4.2011 calling upon the petitioners either to resign as Anganwadi workers or to resign from membership of the Panchayaths. This Court by order dated 22.6.2011 directed the petitioners to file objections to the said notice. The 3rd respondent was directed to consider the objections and pass appropriate orders thereon after granting the petitioners an opportunity of being heard. Again, the 3rd respondent has issued the notice impugned herein. The petitioners were directed to resign one of the posts on or before 8.12.2011, failing which they will be dismissed from the post of Anganwadi workers/Assistants.

Learned Counsel for the petitioners submits that in terms of the order of this Court in W.P. Nos. 15517/11 and 15520-21/11 disposed of on 22.6.2011, petitioners have filed their objections. Instead of considering the objections, the 3rd respondent again issued notice at Annexure-F directing the petitioners to resign from the post of Anganwadi workers/assistants on or before 8.12.2011 failing which they will be suspended from the said posts.

Having regard to the facts and circumstances of the case, I am of the view that the 3rd respondent has to consider the objections filed by the petitioners pursuant to the orders of this Court. Petitioners are permitted to file additional objections, if they so desire, to the notice at Annexure-F within one week. The 3rd respondent is directed to consider the objections already filed and the additional objections, which may be filed by the petitioners pursuant to this order and pass appropriate orders thereon in accordance with law after granting the petitioners an opportunity of being heard. Till the disposal of the matter as above, petitioners shall not be suspended/dismissed from the posts of Aganwadi workers/Assistants. Writ petitions are disposed of accordingly.

Learned AGA is permitted to file his memo of appearance within a period of two weeks from today. No costs.