Full Judgment Text
- 1 -
NC: 2026:KHC:15199-DB
W.A. No.630/2023
AND CONNECTED WITH MATTERS
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 9 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
Digitally signed
by RUPA V
Location: HIGH
COURT OF
KARNATAKA
(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
- 2 -
NC: 2026:KHC:15199-DB
W.A. No.630/2023
AND CONNECTED WITH MATTERS
HC-KAR
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
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NC: 2026:KHC:15199-DB
W.A. No.630/2023
AND CONNECTED WITH MATTERS
HC-KAR
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
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W.A. No.630/2023
AND CONNECTED WITH MATTERS
HC-KAR
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
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W.A. No.630/2023
AND CONNECTED WITH MATTERS
HC-KAR
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.
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W.A. No.630/2023
AND CONNECTED WITH MATTERS
HC-KAR
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
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NC: 2026:KHC:15199-DB
W.A. No.630/2023
AND CONNECTED WITH MATTERS
HC-KAR
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
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W.A. No.630/2023
AND CONNECTED WITH MATTERS
HC-KAR
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
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AND CONNECTED WITH MATTERS
HC-KAR
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
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AND CONNECTED WITH MATTERS
HC-KAR
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
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AND CONNECTED WITH MATTERS
HC-KAR
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,
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W.A. No.630/2023
AND CONNECTED WITH MATTERS
HC-KAR
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
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AND CONNECTED WITH MATTERS
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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
NC: 2026:KHC:15199-DB
W.A. No.630/2023
AND CONNECTED WITH MATTERS
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 9 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
Digitally signed
by RUPA V
Location: HIGH
COURT OF
KARNATAKA
(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
- 2 -
NC: 2026:KHC:15199-DB
W.A. No.630/2023
AND CONNECTED WITH MATTERS
HC-KAR
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
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NC: 2026:KHC:15199-DB
W.A. No.630/2023
AND CONNECTED WITH MATTERS
HC-KAR
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
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W.A. No.630/2023
AND CONNECTED WITH MATTERS
HC-KAR
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
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W.A. No.630/2023
AND CONNECTED WITH MATTERS
HC-KAR
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.
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W.A. No.630/2023
AND CONNECTED WITH MATTERS
HC-KAR
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
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W.A. No.630/2023
AND CONNECTED WITH MATTERS
HC-KAR
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
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W.A. No.630/2023
AND CONNECTED WITH MATTERS
HC-KAR
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
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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
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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
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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,
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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
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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