Srinagar, Jul 11: The High Court has directed the J&K Chief Secretary to conduct an in-depth inquiry, fix responsibility and proceed against the officers of the Social Welfare Department (SWD) in a case wherein an Anganwari worker was allowed to continue her services for years after being disengaged.
The court also directed that the salaries (honorarium) received by the disengaged lady worker be recovered from the delinquent officers of the department.
In 2010, the department selected one Shakeela Bano, as Anganwari worker in Baramulla district. But subsequently Bano was found ineligible and her engagement was cancelled in favour of a genuine candidate, Zahida Irfan.
Given the “messy” state of affairs in SWD, the disengaged lady was allowed to continue her services and draw salaries and other benefits for many years after her disengagement.
The matter landed in the court and was finally adjudicated by Justice Vinod Chatterji Koul.
Justice Koul directed “the Chief Secretary, Union Territory of J&K, to get conducted a full-fledged and in-depth inquiry into the matter by the team of officer(s), preferably, headed by Deputy Commissioner concerned or Director, Social Welfare Department, Kashmir, or by an officer of same rank, and fix the responsibility on the officers/officials who were at the helm of affairs vis-à-vis the instant subject matter and proceed against such officers/officials who are found to have committed the above acts of omission and commission”.
The bench directed “the amount of honorarium paid to respondent no.6 (Bano) shall be deducted from the officers/officials who are found involved in the delinquency”.
The entire exercise has been directed to be undertaken and concluded within a period of eight weeks from the day of the order of the court.
Interestingly, the disengaged lady worker in 2014 filed a petition (four years after her expulsion order) before the J&K High Court which allowed her to continue on the post.
Till 2023, she filed many other petitions seeking to continue on her 2009 engagement order and for keeping in abeyance and setting aside her expulsion order.
Justice Koul dismissed all her petitions and directed the induction of the eligible candidate, Zahida Irfan.
He ordered engagement of private respondent no. 6, (Bano), as “void ab initio” and directed “to allow petitioner, Zahida Irfan, to join/resume her duties as Anganwari Worker”.
The court observed that dereliction of duties on the part of official respondents has affected the rights of the “genuine candidate” (Irfan).
It held Irfan entitled to the benefit of engagement from the date of issuance of her engagement order, i.e., 28th December 2010, “but, notionally and monetarily from the date she joins her duties”.
The court perused official respondents’ response and termed it “a fantastic reply”.
It said it reflects and “suggests pathetic condition of the respondent – Social Welfare Department”.
The observation continued at one stage official respondents contend that engagement of respondent no.6 (Bano) as Anganwari worker was cancelled by virtue of an order passed in the year 2010. But at another stage they contend that in view of a challenge thrown by the same lady in a writ petition filed in 2014, she was allowed to continue.
The bench observed “it is startling that for four years, official respondents remained dormant while permitting respondent no.6 (Bano) to continue to work as Anganwari worker after issuance of disengagement order dated 29th December, 2010.
“… this reflects and suggests volumes, which requires to be dealt with iron hand,” remarked the court.
