SHABEENA AKHTER Vs. STATE OF J&K

JUDGEMENT

(1.) IN this writ petition the petitioner seeks following reliefs: -

(2.) THE case of the petitioner is based on communication dated November, 1999 which emanated from the office of Programme Officer (Hqr), Directorate of Social Welfare and is addressed to the Child Development Project Officer, Kulgam. In the said communication it was recommended that petitioner be engaged as Anganwari Worker in ICDS Project Kulgam purely on honorarium basis of Rs.800/ - per month in case of matriculate and Rs. 700/ - per month in case of non -matriculate against available vacancy subject to production of requisite eligibility (sic) under the guidelines of ICDS scheme. The case of the petitioner as set up in the writ petition is that as the post of Anganwari Worker was not available she was adjusted as Helper to Supervisor and is continuously discharging her duties as Helper to Supervisor till date.

(3.) THE factum of petitioners engagement as Anganwari Helper to Supervisor is also admitted by respondents in their reply. The communication (supra) on which reliance is placed, does not confer any legal right on the petitioner to seek writ of Mandamus commanding respondents to adjust her against the post of Anganwari Worker. In the writ of Mandamus petitioner has to satisfy the Court that statutory / legal right is vested in him / her and there is corresponding statutory / legal obligation cast on the opposite party which is required to be performed by them. For the issuance of writ of Mandamus it is further to be pleaded and shown that demand for justice has been made to the other side. In the present case, all the basic legal elements required for seeking issuance of writ of Mandamus are missing. In such circumstances, writ of Mandamus cannot be issued to the respondents to adjust the petitioner as Anganwari Worker.