TASLEEMA JAN Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner in this petition, inter alia, seeks a direction to the respondents to issue the engagement order for the post of Aganwari Worker in ward 13 with further direction for quashment of engagement order No. 1 of 2017 dated 20.06.2017. The petition in short relates to recruitment as Anganwadi worker.

(2.) When this petition was taken up today and the Court was considering whether it needed to be transferred to the Central Administrative Tribunal, Jammu (the Tribunal), the learned counsel for the petitioner submitted that Anganwadi helpers neither constitute a service, nor do they hold civil posts, therefore, recruitment thereto or any matter in relation to recruitment thereto or even any service matter concerning thereto would not fall within the purview of the provisions contained under Chapters III and V of the Administrative Tribunals Act, 1985 (the CAT Act), especially Sections 14, 15, 28 and 29 thereof, and, consequently, the Tribunal would not have the jurisdiction to entertain this petition. To buttress his submission, the learned counsel cited and relied upon a decision of the Supreme Court in State of Karnataka v. Ameerbi, (2007) 11 SCC 681.

(3.) Heard counsel for respondents and considered the matter on the above limited issue.