NASEEM AKHTER Vs. STATE OF J&K AND ORS

JUDGEMENT

(1.) The controversy raised in these petitions is so inextricably connected with one another that it would not be possible to decide one without reference to the other and, therefore, all these petitions have been taken together for disposal. For convenience, the facts stated in SWP No. 2932/2013 which is latest in point of time, are alone being noticed.

(2.) In the year 2008, the respondents had issued an Advertisement Notification for making selection and engagement of Anganwari Worker in Anganwari Centre, Bass Panchayat Halqa Hassote but the process of selection was subsequently abandoned. The post of Anganwari Worker in Anganwari Centre Bass Panchayat Halqa Hassote, thereafter, was readvertised in the year 2010. The eligible candidates, who had responded to the Advertisement Notification, were called and interviewed. The provisionally selected candidates for different Anganwari Centers including Anganwari Centre, Bass were asked to furnish their original documents for checking and verification. The petitioner was also provisionally selected as Anganwari Worker in Anganwari Centre, Bass and, therefore, was called upon to submit her original documents. On scrutiny, the qualification certificate submitted by the petitioner was found to be fake. The certificate was purportedly issued by the Headmaster, Government High School, Banna Tehsil Mahore District Udhampur. When the matter was taken up by the respondents with the Headmaster of the concerned School for verification, the Headmaster furnished a report that the petitioner had never been a student of his School and was not on the rolls for any class right from 1st Primary to 10th standard. The respondents, thus, concluded that the petitioner had produced the fake and forged certificate of having qualified 8th class examination. It is the case of the respondents that no engagement letter was ever issued in favour of the petitioner nor any nutritional items etc., as claimed by the petitioner, were issued in her favour by respondent No.

(3.) The stand of the petitioner in all these petitions, however, is that pursuant to the Advertisement Notification issued in the year 2010, she was not only provisionally selected, as is apparent from Annexure-A to the writ petition but her formal order of appointment was issued by respondent No. 4 vide his No CDPO/M/1145-48/10 Dated 12th August, 2010. The petitioner also claims that right from the date of her engagement and subsequent to her joining, she has been continuously working as Anganwari Worker at Anganwari Centre, Bass Panchayat Halqa Hassote. It is claimed by the petitioner that it is because of inaction on the part of the respondents to release her honorarium and also nutritional items for the benefit of the children, she approached this Court by way of Writ Petition SWP No. 845/2012 and subsequently also filed SWP No. 1471/2012.