Srinagar: Division bench of J&K high Court Monday quashed a single bench order that led to the termination of an Anganwadi helper after 13 years’ service and directed the authorities to put the lady worker back in her position within two weeks.
Justices Sanjeev Kumar and Rajesh Sekhri observed “the appellant lady has been in position as Anganwadi Helper since April 2010 i.e., for the last more than 13 years and in the absence of a cast iron case demonstrated by the respondent No. 6 (another lady who challenged her engagement on false grounds), such engagement at this point of time need not to be interfered with”.
The division bench further observed that the writ court (single bench) has not considered all these aspects in proper perspective and has thus landed in error by allowing the writ petition and directing the cancellation of engagement of the appellant Helper.
According to the two judge bench order, the writ petition of the respondent number six was disposed of by the single bench on the motion hearing date without any notice to the respondents in terms of order dated 9th March 2011.
The judges found merit in the appeal by the terminated Anganwadi Helper and it was accordingly allowed. “The judgment impugned dated 24th May 2023 passed by the writ court is set-aside. The official respondents in particular Director, Social Welfare Kashmir, the District Social Welfare Officer, Kupwara and CDPO Wavoora are directed to put the appellant back in position within a period of two weeks”, directed by the bench.
The Child Development Project Officer, ICDS, Wavoora vide his advertisement notification dated 12th October 2009 invited applications from eligible candidates for engagement as Anganwari workers on honorary basis for various Anganwadi Centres in Kupwara district.
The appellant Meema Begum as well as respondent No. 6 Mst Nahida Begum submitted their applications and sought consideration for engagement as Anganwadi Helper in the centre concerned.
The process of selection culminated into the engagement of appellant Meema Begum as Anganwari Helper for Anganwari Centre Mir/Sheikh Mohalla.
The respondent no. 6 Nahida feeling aggrieved of her exclusion and engagement of the appellant Meema as Anganwari Helper filed a writ petition in 2011.
The petition was disposed of on the motion hearing date without any notice to the respondents in terms of order dated 9th March 2011.
The official respondents were directed to consider the representation made by the respondent No. 6 against the engagement of the appellant and pass an appropriate order after providing oral hearing to both the sides.
In compliance the Director, Social Welfare Kashmir considered the grievance of the respondent No. 6 as projected in the representation. He disposed it of and found the grievance against the engagement of appellant was devoid of any merit.
The division bench agreed with the Director, Social Welfare Kashmir that at the relevant point of time when the instant selection process was initiated and the selection of appellant was approved on 09.01.2010, the norms laid down in the Circular dated 24.06.2008.
