(1.) Whether a candidate engaged as Anganwadi Worker against a leave arrangement and after discharging her duties as such for some time and thereafter transferred/regularized against a clear Anganwadi position, has a right to get her seniority reckoned from the date of her initial engagement against leave arrangement, is the issue involved in the present Letters Patent Appeal. The controversy arises in the following factual background mapped out in the next para. Syeda Showkat Ara - respondent No. 8 in the appeal was vide order No. ICDS/Breng/Estt/64-66 dated 2.7.1990 engaged as Anganwadi Worker in the Anganwadi Center Noorpora for a period of two months against leave vacancy of one Ms. Rozi. She was allowed to continue for a further period of two months and her terms as such extended from time to time till she, as per her claim, was engaged vide order No. ICDS/Breng/Estt/10-23 dated 3.2.1991 as Anganwadi Worker against a migrant vacancy of Ms. Koushalya in Anganwadi Center Noorpora. She continued as such from 4.4.1991 till 31.7.1992. She was vide order No. ICDS/B/Camp dated 1.8.1992 transferred against a clear vacancy vacated by Ms. Amira Jan.
(2.) The Programme Officer ICDS Anantnag issued a seniority list of Anganwadi Workers wherein date of engagement of respondent No. 8 against leave arrangement, was shown as the date of her initial engagement. She was thereafter vide order No. 567/DSW of 2005 dated 17.8.2005 promoted as Supervisor.
(3.) The District Social Welfare Officer some time after the promotion order dated 17.08.2005 was issued in favour of respondent No. 8, realized that the respondent's seniority was not to be reckoned w.e.f. the date of her initial engagement against leave arrangement and she did not have a right to be placed at Sr. No. 13 in the seniority list. Her promotion order was accordingly cancelled on 26.8.2005.