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2017 DIGILAW 533 (JK)

Zaitoon Begum v. State

2017-08-03

B.S.WALIA

body2017
JUDGMENT : 1. Writ petition has been filed on the ground that the petitioner being fully eligible for the post of Anganwari Worker besides being resident of Naki Pain, Village Tippri, Panchayat Tippri, Block Drabhshalla, Ward No.3 applied for selection as Anganwari Worker. Petitioner claims that she was selected and issued appointment order No.ICDS//D/CDPO/Drab/308-401 dated 13.10.2008 whereupon she joined as Anganwari Worker on the same day and is continuously discharging duty in Anganwari Centre presently running in the house of one Sh. Raj Mohd situated at Naki Pain, Ward No.3 Panchayat Tipri, Block Drabhshalla. 2. Grievance is that the petitioner has not been paid honorarium due to her despite taking work from her. 3. Learned Dy.AG by referring to Annexure R-1 dated 17.09.2010 has contended that the petitioner was selected as Anganwari Worker in Anganwari Centre Naki Pani Gantora Panchayat Tipri Ward No.2 and was required to submit ward certificate in order to permit her to join service, but despite repeated communications and lapse of sufficient period of time, the same had not been submitted, therefore, final opportunity was granted to the petitioner to submit the same within 15 days, failing which, she was informed that her selection as Anganwari Worker would be cancelled without further correspondence in the matter. 4. The advertisement is not on record from which it can be ascertained as to whether the advertisement for the post of Anganwari Worker was for ward no.3 or ward No.2. The same is also not in the record produced by the learned Dy.AG. However, perusal of communication dated 23.11.2009 at page No.13 of the record produced by the learned Dy.AG reveals that the advertisement was for Anganwari Centre at Naki Pain Gantora Ward No.2, but no candidate from ward No.2 had applied for the post of Anganwari Worker and as per rules, only candidates belonging to the concerned ward could be considered for engagement as Anwanwari Worker/Helper. Since no candidate was available from ward No.2, the petitioner being resident of the nearest ward was engaged for the post of Anganwari Worker, but she failed to join duty in ward No.2. In the aforementioned background, final opportunity was given to the petitioner to join duty in ward No.2 within one week, failing which, it was mentioned that the office would not hesitate from cancelling the engagement order on the basis of non residential candidate. 5. In the aforementioned background, final opportunity was given to the petitioner to join duty in ward No.2 within one week, failing which, it was mentioned that the office would not hesitate from cancelling the engagement order on the basis of non residential candidate. 5. Perusal of record produced by the learned Dy.AG further reveals that representation dated 01.09.2010 was submitted by the public of Naki Pain ST Basti to the Director Social Welfare Department Jammu stating therein that Anganwari Centre had been working for the last two years at Naki Pain, ST Basti, Panchayat Tikri W.No.3 Block Dhabshalla Tehsil and District Kishtwar and that the petitioner who had been working at the centre had not been paid her salary for the past two years, besides the centre had also not been provided ration for the children for the aforementioned period of two years. 6. In the light of the record produced by the learned Dy.AG conflicting position emerges, inasmuch while communication dated 23.11.2009 from the CDPO Drabshala reveals that advertisement for Anganwari worker was for Ward No.2 i.e Naki Pain Gantora, but on account of non availability of candidates from the said ward, the petitioner being the resident of nearest ward i.e ward No.3 was offered the said post, but she failed to join. On the other hand, representation of the Public at large dated 01.09.2010 reveals that Anganwari Centre had been working for the last two years at Naki Pain, ST Basti, Panchayat Tikri W.No.3 Block Dhabshalla Tehsil and District Kishtwar and that the petitioner who had been working at the centre had not been paid her salary for the past two years, besides the centre had also not been provided ration for the children for the aforementioned period of two years. 7. In the light of the position as noted above, it is deemed appropriate to dispose of the writ petition by directing the Director, Social Welfare Department, J&K Jammu to conduct/get conducted an enquiry by taking into account the entire record as well as the representation of the public at large dated 01.09.2010 and giving opportunity of hearing to the petitioner, to ascertain as to whether the petitioner joined and worked at Anganwari Centre, Ward No.2 Naki Pain Gantora pursuant to her selection in the context of communication dated 23.11.2009. In case it is found that the petitioner had joined and rendered service, then in that eventuality, payment on account of honorarium due to the petitioner be released within a period of two months from the date certified copy of this order is submitted by the petitioner. It is further ordered that in the eventuality, it is found that the petitioner had joined service on the post of Anganwari Worker, then no action prejudicial to the interest of the petitioner shall be taken except after compliance with the principles of natural justice. 8. With the aforementioned directions, writ petition is disposed of. 9. Record is returned to Mr. Vishal Bharti learned Dy.AG in open Court.