LAWS(J&K)-2019-11-13

RASMEET KOUR Vs. STATE OF J&K

Decided On November 07, 2019
Rasmeet Kour Appellant
V/S
STATE OF JANDK Respondents

JUDGEMENT

(1.) The petitioner applied for the post of Anganwadi Worker in Anganwadi Centre, Rajpur Kamila, ICDS Project Nowshera, pursuant to the Advertisement Notification issued by Child Development Project Officer, (ICDS) Project Nowshera. The application forms of the petitioner alongwith another candidate, namely, Raghvir Kour were received by the respondents vide receipt which is annexed as Annexure-C. It is submitted that there are only two candidates, had applied for the post of Anganwadi Worker in the said center.

(2.) Grievance of the petitioner is that the selection/appointment of respondent No. 7, is in contravention of the Rules framed under the J&K Social Welfare Non-gazetted Service Recruitment Rules and for selection of the Anganwadi Helper, i.e Government Order No. 7-SW of 2010 dated 18.01.2010 now superseded by Government Order No. 4-SW of 2017 dated 03.01.2017. It is also submitted by the petitioner that the respondents have engaged respondent No. 7-Harjinder Kour to the post of Anganwadi Worker in Anganwadi Centre, Rajpur Kamila without following the requisite criteria of selection for Anganwadi Workers as laid down in Government Order No. 4-SW of 2017 dated 03.01.2017. It is submitted that respondent No. 7, had not even applied for the said post to which she stands engaged vide order No. DSWJ/ICDS/17889/2014 dated 17.07.2014. It is only on the directions of respondent No. 8-Vice Chairman (MOS) J&K Advisory Board for Development of Kisans, that she was engaged in utter violation of norms despite being more meritorious and having applied for the post, has been denied selection and appointment to the post of Anganwadi Worker in Anganwadi Center, Rajpur Kamila.

(3.) The norms for identification of Anganwadi Centers and selection of Anganwadi Workers/Helpers has been provided in Government Order No. 4-SW of 2017 dated 03.01.2017, apparently the said criteria of selection has not been followed. The appointment of respondent No. 7 was stayed vide order dated 09.10.2014, thereafter, the petition was admitted on 29.03.2017, but till date neither any reply nor counter has been filed. There is no representation on behalf of respondent Nos. 7 and 8.