HALIMA AKTHER Vs. STATE OF J&K

JUDGEMENT

(1.) This petition calls in question order no.14-SMD of 2016 dated 18.04.2016 issued by respondent no.3, State Mission Director, ICDS, J&K, pursuant to an enquiry conducted in compliance of Court order dated 04.02.2015 passed in writ petition, SWP no.771/2010, titled Shamshada Bano v State of J&K and ors., read with the order issued by Child Development Project Officer, ICDS, Uri, under endorsement no.CDPO/Uri/Estt/16/66-70 dated 20.04.2016, whereby the engagement of the petitioner as Anganwadi Worker for Anganwadi Centre Reshwari, made by CDPO, ICDS Project, Uri, vide order no.CDPO/Uri/07/157-59 dated 22.01.2008, has been cancelled with immediate effect on the ground of having been lower in merit than the petitioner in aforesaid SWP no.771/2010, and, consequently, the said Shamshada Bano, has been appointed as Anganwadi Worker for the Anganwadi Centre, Reshwari.

(2.) I heard the learned counsel for the parties and considered the matter.

(3.) It transpires that pursuant to an advertisement notice published under endorsement no.DIPK-6261 dated 17.02.2005, inviting applications from eligible female candidates for engagement as Anganwadi Workers on honorarium basis in Panchayat Halqa Bagna, in ICDS Project Uri, the petitioner herein was engaged as Anganwadi Worker at Anganwadi Centre, Reshwari, on the recommendation of the District Selection Committee. Respondent no.6 herein challenged her engagement in SWP no.133/2008 on the ground that she had also applied for the Reshwari Centre, but was ignored from consideration for the said Centre, despite the fact that she possessed higher merit than the selected candidate, namely, the petitioner herein. That writ petition was disposed of by order dated 30.07.2009 with direction to respondent no.2 to hold an enquiry into the matter regarding the pleas raised by the petitioner. It was further provided that "meanwhile, respondent no.5, Haleema Akhter may continue on the post of Anganwari Worker till the enquiry was completed as the said centre may not suffer for want of Anganwari Worker, but in any case her continuation shall not be permitted if on enquiry it was found by the Director that the petitioner was entitled to the appointment in place of Haleema Akhtar." Pursuant to the enquiry conducted in compliance of the aforesaid Court order, respondent no.2 passed order bearing no.760-DSWK of 2010 dated 15.02.2010, turning down the claim of Shamshada Bano, the writ petitioner therein. She again challenged the said order in SWP no.771/2010, which was disposed of by the Court by order dated 04.02.2015 quashing the order, with direction to respondent no.2 to conduct fresh enquiry in the matter and pass fresh orders after affording opportunity of hearing to the petitioner and private respondent in the writ petition. It was further provided in the order that respondent no.2 shall be duty bound to comply with the order dated 30.07.2009 passed by the Court in SWP no.133/2008 in letter and spirit.