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2015 DIGILAW 287 (JK)

Nuzhat Nasreen v. State of J&K

2015-06-01

MOHAMMAD YAQOOB MIR

body2015
JUDGMENT : Mohammad Yaqoob Mir, J. 1. A small issue has been complicated beyond proportions which in effect reflects on the functioning of the respondent-authorities. There can be no reason but to infer that the authorities with some design have been tactfully avoiding the final settlement of a small issue which pertains to the actual residence of the respondent-Irshada Akhter. In Anganwadi Centre Anzullah, for engaging Anganwadi worker, number of applications have been received, in order of merit, one Darida Qadir figured at Sr. No. 1, respondent-Irshada Akhter at Sr. No. 2 and the petitioner-Nuzhat Nasreen at Sr. No. 3. 2. Darida Qadir was selected. After joining, she got an appointment in Education Department based on which her engagement was cancelled on 31st January, 2009. Next candidate in order of merit, respondent No. 5-Irshada Akhter was engaged pursuant to order No. 30 CDPOA of 2009 dated 01.09.2009. Petitioner-Nuzhat Nasreen complained against her selection on the count that she being the resident of Sarnal, therefore, was ineligible for being engaged as Anganwadi worker in Anganwadi Centre Anzullah. In support of this contention, it had been projected that Irshada Akhter was married as a Khana Nisheen daughter (resident), therefore after marriage, she continued to live and resides in her parental house at Sarnal. 3. Assistant Commissioner, Anantnag had conveyed to the Deputy Commissioner, Anantnag that the Child Development Project Officer, Anantnag was not justified in engaging Irshada Akhter as Anganwadi worker at Anzullah as she is resident of Sarnal then again Child Development Officer, Anantnag in his detailed report submitted to the District Project Officer, Anantnag has given the total factual matrix and has also stated therein that as per the report of Lumberdar, Sarpanch and Auqaf Committee, husband of Irshada Akhter is residing at Sarnal for last 15 years She in fact was engaged as Anganwadi Worker on the basis of Permanent Resident Certificate wherein she is shown as resident of Anzullah. Not satisfied with these reports, the Director Social Welfare, Kashmir vide his order No. 696-DSWK of 2013 dated 06.11.2013 has constituted a Committee of three officers namely District Programme Officer Pulwama, District Social Welfare Officer, Anantnag and Chief Development Project Officer, Qazigund. The Committee was to assess all factual aspects and to submit a fact finding report with recommendations. Not satisfied with these reports, the Director Social Welfare, Kashmir vide his order No. 696-DSWK of 2013 dated 06.11.2013 has constituted a Committee of three officers namely District Programme Officer Pulwama, District Social Welfare Officer, Anantnag and Chief Development Project Officer, Qazigund. The Committee was to assess all factual aspects and to submit a fact finding report with recommendations. The said Committee also appear to have approached the matter casually Based on casual report, Child Development Project Officer, Anantnag has issued a notice which is shown dated 05.06.2014 and 07.06.2014 in terms whereof after referring to the reports, it has been concluded that the engagement order of Irshada Akhter dated 01.09.2009 is not legal, therefore, is cancelled as she is not resident of Village Anzullah. Petitioner-Nuzhat Nasreen was provisionally selected. As against this order, the respondent No. 5 has filed SWP No. 1186/2014 seeking quashment of all these reports and the protection viz-à-viz her position as she occupied. 4. During the pendency of this petition, another petition was filed by the petitioner praying therein that in terms of the notice as has been published, respondents be directed to engage her as Anganwadi worker. All the three petitions have been clubbed, as such, are taken up for disposal together. 5. The important question which was required to be addressed is as to whether Irshada Akhter is resident of Anzullah or Sarnal Permanent Resident Certificate (PRO as placed on record would suggest that she being wife of Farooq Ahmad is resident of Anzullah which PRC certificate till date has not been challenged anywhere. In addition thereto Nika Nama as has been placed on record does not suggest that she was married as Khana Nisheen daughter. The voter Identity Card as has been issued also reveals the residence of Irshada Akhter as Anzullah, On the other hand, Assistant Commissioner, Anantnag had submitted a report to the Deputy Commissioner that the engagement of Irshada Akhter on the basis of PRC does not justify the engagement but again this PRC has been verified and found to be correct as per the records of the issuing authority then again matter has been complicated by CDPO wherein he has said that Irshada Akhter has been residing at Sarnal for last 15 years. 6. 6. Confronted with all these positions, Director Social Welfare, Kashmir had constituted a Committee of three responsible officers but those three officers irresponsibly have submitted a report, operative of which has been referred to in the notice dated 05.04.2014 wherein it is stated that matter has been verified by number of officials/officers and all have reached to a common conclusion that Irshada Akhtar is/was resident of Sarnal and her engagement as Anganwari Worker does not stand the test of reasonability. The validity of the selection is million dollar question having bearing on the final disposal of the case. 7. The Constituted Committee was required to enquire into the matter and to hear both the parties instead they have adopted supervisory and advisory role. In the process they have slipped in enquiring into the basic controversy, such type of report should not have been accepted at all. Keeping in view the aforestated facts and circumstances in order to put an end to the litigation, it would be appropriate to direct the Deputy Commissioner, Anantnag to constitute the Committee of two responsible District Level Officers who shall enquire into the question of residence of Irshada Akhter. While doing so, the constituted Committee shall keep in view all the above referred documents and shall also hear the parties and thereafter to submit a detailed report within a period of four weeks' to the Director Social Welfare, Kashmir based on which appropriate orders shall be passed. Until such decision is taken, the engagement order No. 30 CDPOA of 2009 dated 01.09.2009 favouring Irshada Akhter shall be maintained. Its continuance or discontinuance will depend upon the orders to be passed on the basis of the report of the Committee as shall be constituted by Deputy Commissioner, Anantnag. Concerned respondent-authorities shall consider release of the wages in favour of the Irshada Akhter provided she has been discharging her duties. All the three petitions shall stand accordingly disposed of.