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2022 DIGILAW 915 (AP)

Beera Mary Victoria Rani v. State of Andhra Pradesh

2022-09-16

K.MANMADHA RAO

body2022
ORDER : This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief : “…..to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring the inaction of the respondent authorities in not considering the petitioners representations dated 07.09.2022 to grant age relaxation, thereby making them eligible for taking part in the exam for the post of Extension Officer Grade-II (Supervisor) in the Women Development and Child Welfare Department as per the Memo. No. WDC02-19044/1/2021-Estt-7/ dated 02.09.2022 as arbitrary, illegal, violative of the principles of natural justice and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondent authorities to consider the petitioners representations dated 07.09.2022 and permit them to take part in the exam for the post of Extension Officer Grade-II (Supervisor) in the Women Development and Child Welfare Department as per the Memo. No. WDC02-19044/1/2021-Estt-7/ dated 02.09.2022 and pass such other orders....” 2. Heard Ms. Shaik Sultana, learned counsel for the petitioners and learned Government Pleader, Women Development and Child Welfare for the respondents. 3. The brief case of the petitioners is that they are working as Anganwadi Workers in respective Anganwadi Centres for more than 10 years and they qualified SSC. The petitioners are eligible for promotion as Extension Officer Grade-II (Supervisor) for which 50% of the posts are filled up from the existing Anganwadi Workers, who have minimum 10 years of work experience and clear the written examination conducted for the said post and the other 50% of the said posts are filled up by direct recruitment from supervisors working on contract basis. The said recruitment was conducted in the year 2013, since then no recruitment was done. 4. While the matter stood thus, the respondents have issued Memo dated 02.09.2022 for recruitment of Extension Officers Grade-II (Supervisors) and the written examination will be conducted on 18.09.2022. In view of age restriction the petitioners are unable to submit their applications, though they submitted manual applications. Due to non conduct of said examination for so many years, the age of the petitioners is being crossed and that they are ineligible for promotion. The petitioners also submitted representations dated 07.09.2022 requesting the respondents to consider the age relaxation and permit them to writ examination for the said post, but in vain. Hence the writ petition came to be filed. The petitioners also submitted representations dated 07.09.2022 requesting the respondents to consider the age relaxation and permit them to writ examination for the said post, but in vain. Hence the writ petition came to be filed. 5. During hearing learned counsel for the petitioners reiterated the contents urged in the writ affidavit. Whereas learned Government Pleader, Women Development and Child Welfare for the respondents would contend that the petitioners crossed 50 years of age and that they are ineligible to writ examination as per impugned Memo issued by the respondents. Therefore the petitioners are not entitled to claim the relief as claimed in the writ petition and same is liable to be dismissed. 6. It is an admitted fact that the respondents have issued notification in the year 2013, subsequently no notification is issued till now. The petitioners are working as Anganwadi Workers and having 10 years of work experience with sufficient qualification. Therefore the petitioners are eligible and entitled for promotion to the next level post. But in this case, no notification is issued from 2013, in the meantime the petitioners have crossed 50 years of age. As per Memo the age is restricted below 50 years. In view of the said condition the petitioners are ineligible to writ examination. 7. The only issue involved in this writ petition is that whether the petitioners are eligible to writ examination as per impugned Memo for promotion to the next level post. At this juncture, this Court finds that if notification is issued subsequently or year after year, from 2013 onwards, the petitioners might have applied for the said post and attended the written examination. For various reasons, the respondents could not be conducted the examination since 2013 to till now, meantime the petitioners have attained age of 50 years. Therefore the respondent authorities did not consider the case of the petitioners on that ground alone. 8. It is undisputed fact that the petitioners are having 10 years of work experience and also working as Anganwadi Workers, having sufficient qualification to attend the written examination that is going to be conducted by the respondents on 18.09.2022 for the post of Extension of Officer Grade-II (Supervisor). Therefore this Court is of the opinion that the petitioners are eligible to apply and attend the written examination, which is going to be scheduled on 18.09.2022. Therefore this Court is of the opinion that the petitioners are eligible to apply and attend the written examination, which is going to be scheduled on 18.09.2022. Therefore directed the respondents to consider the applications of the petitioners and permit them to attend the written examination, which is scheduled to be held on 18.09.2022 pursuant to the Memo No. WDC02-19044/1/2021-Estt-7/ dated 02.09.2022. 9. With the above direction, the Writ Petition is disposed of accordingly at the time of admission. There shall be no order as to costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed.