ZAHIDA AKHTER Vs. STATE OF JK & ORS

JUDGEMENT

(1.) Since common question of facts as well as law is the subject matter of both these two writ petitions, being SWP Nos. 1552/2016 & 1576/2016, therefore, both shall be determined and decided by a common order.

(2.) The crux of the petition of the petitioner in SWP No.1552/2016 is that the petitioner, upon competing in the selection process initiated by the official respondents vide advertisement notice dated 10th of December, 2015, got selected and appointed in terms of order bearing No. CDPO/ICDS/Kup/271-74 dated 11th of August, 2016, issued by the Child Development Project Officer, ICDS, Kupwara. Thereafter, feeling aggrieved of the appointment/ selection of the petitioner, the respondent No.5 (petitioner in SWP No.1576/2016) filed a complaint against the said engagement/ selection. On the basis of this complaint, duly endorsed by the Deputy Commissioner, Kupwara, the engagement of petitioner was kept in abeyance by the Child Development Project Officer, ICDS, Kupwara. It is this order which, as stated, constrained the petitioner to file the instant writ petition for the grant of following reliefs in her favour:

(3.) Ms Saima Mehboob, the learned counsel for the petitioner in SWP No.1552/2016, submits that the order impugned, whereby the engagement of the petitioner has been kept in abeyance, is unsustainable in the eyes of law as, while issuing the said order, no opportunity of being heard has been afforded to the petitioner by the authority.