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2016 DIGILAW 378 (JK)

Parvesh Kumari v. State of J&K and Ors.

2016-07-20

RAMALINGAM SUDHAKAR

body2016
JUDGMENT Admitted. 1. This petition is of the year 2008. 2. Petitioner challenges the appointment of private respondent No. 6-Pooja Devi to the post of Anganwari Worker pursuant to advertisement notice dated 17.02.2005. 3. The grievance of the petitioner is that despite certificate issued by the Sarpanch of the area, regarding residence certificate, case of the petitioner was not considered for appointment on the plea that she is not residing in the Village Akalpur. On the contrary, petitioner claims that the private respondent No. 6 is ineligible to be appointed as Anganwari Worker as she is less meritorious. 4. The controversy in this case arises out of the place of residence of the petitioner. It is also on record that based on the complaint of the petitioner, authorities have directed Programme Officer (ICDS) Jammu to look into the matter and furnish a detailed report, who in turn directed the Child Development, Project officer (CDPO) to make the spot verification and submit a report regarding the residence of the petitioner. These are the records which have to be considered by a Senior Officer after going into the nature of grievance addressed by the petitioner. At this moment, disputed fact cannot be considered by this Court. Therefore, respondent No. 3-Director, Social Welfare Department, Jammu is directed to address the issue raised by the petitioner on the nature of complaint and take a decision within four weeks from the date of receipt of a copy of this order. It is made clear that both petitioner and private respondent No. 6 shall be heard before taking any actions, so as to avoid the allegations of principle of natural justice. 5. Writ petition disposed of as above.