NUZHAT NASREEN Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) A small issue has been complicated beyond proportions which in effect reflects on the functioning of the respondent -authorities. There can be no reason but to infer that the authorities with some design have been tactfully avoiding the final settlement of a small issue which pertains to the actual residence of the respondent -Irshada Akhter. In Anganwadi Centre Anzullah, for engaging Anganwadi worker, number of applications have been received, in order of merit, one Darida Qadir figured at Sr. No. 1, respondent -Irshada Akhter at Sr. No. 2 and the petitioner -Nuzhat Nasreen at Sr. No. 3.

(2.) Darida Qadir was selected. After joining, she got an appointment in Education Department based on which her engagement was cancelled on 31st January, 2009. Next candidate in order of merit, respondent No. 5 -Irshada Akhter was engaged pursuant to order No. 30 CDPOA of 2009 dated 01.09.2009. Petitioner -Nuzhat Nasreen complained against her selection on the count that she being the resident of Sarnal, therefore, was ineligible for being engaged as Anganwadi worker in Anganwadi Centre Anzullah. In support of this contention, it had been projected that Irshada Akhter was married as a Khana Nisheen daughter (resident), therefore after marriage, she continued to live and resides in her parental house at Sarnal.

(3.) Assistant Commissioner, Anantnag had conveyed to the Deputy Commissioner, Anantnag that the Child Development Project Officer, Anantnag was not justified in engaging Irshada Akhter as Anganwadi worker at Anzullah as she is resident of Sarnal then again Child Development Officer, Anantnag in his detailed report submitted to the District Project Officer, Anantnag has given the total factual matrix and has also stated therein that as per the report of Lumberdar, Sarpanch and Auqaf Committee, husband of Irshada Akhter is residing at Sarnal for last 15 years She in fact was engaged as Anganwadi Worker on the basis of Permanent Resident Certificate wherein she is shown as resident of Anzullah. Not satisfied with these reports, the Director Social Welfare, Kashmir vide his order No. 696 -DSWK of 2013 dated 06.11.2013 has constituted a Committee of three officers namely District Programme Officer Pulwama, District Social Welfare Officer, Anantnag and Chief Development Project Officer, Qazigund. The Committee was to assess all factual aspects and to submit a fact finding report with recommendations. The said Committee also appear to have approached the matter casually Based on casual report, Child Development Project Officer, Anantnag has issued a notice which is shown dated 05.06.2014 and 07.06.2014 in terms whereof after referring to the reports, it has been concluded that the engagement order of Irshada Akhter dated 01.09.2009 is not legal, therefore, is cancelled as she is not resident of Village Anzullah. Petitioner -Nuzhat Nasreen was provisionally selected. As against this order, the respondent No. 5 has filed SWP No. 1186/2014 seeking quashment of all these reports and the protection viz   -viz her position as she occupied.