ORDER : 1. The issues involved in the instant petitions are analogous and akin to each other, as such, the petitions are disposed by this common judgment. 2. Before proceeding to advert to the issues raised in the instant petitions, the brief background of the facts emerging from the record needs to be delineated hereunder: - The respondent 2 herein being Director, Social Welfare Department, Jammu, J&K issued an advertisement notice bearing No. DSWJ/ICDS/Adv./05/05 dated 17.02.2005 invited applications therein from eligible female candidates for engagement as Anganwari Workers on honorarium basis for Anganwari Centres in different ICDS projects located in Jammu province and following eligibility conditions came to be provided in the advertisement notice: “Eligibility Conditions: (i) Minimum educational qualification: Matriculation. (ii) Age (As on 01.01.2005): Between 21 to 45 years. (iii) The applicant must be a Permanent Resident of J&K State and should belong to/permanently reside in the Panchayat Halqa or Ward (in the case of towns/cities), where Anganwari Centre is located.” - Consequently, in District, Poonch, an advertisement notice came to be issued by the Chief Development Project Officer, Buffliaz (for short, ‘CDPO’) inviting applications from eligible candidates for engagement as Anganwari Workers in different Anganwari Centers in District Poonch including for the Anganwari Center Mohalla Bus Stand, Village Chandimarh, Tehsil Surankote, District Poonch. - Zamruda Akhter-petitioner in SWP No. 2223/2014 as also the Shaheen Akhter-petitioner in SWP No. 413/2019 applied for engagement in the aforesaid Anganwari Centre whereafter Zamruda Akhter came to be selected and engaged in terms of order No. 02 ICDS/Buffliaz/2006 dated 08.02.2006 by the CDPO. - The Zamruda Akhter continued to work, as such, ever since the date she was engaged till order No. ICDS/B/270-73/10 dated 25.10.2010 came to be issued by the CDPO disengaging her as Anganwari worker and in her place engaged Shaheen Akhter pursuant to the order of Director, Social Welfare Department, Jammu bearing No. DSWJ/ICDS/10229-31/2010 dated 06.10.2010. - Zamruda Akhter aggrieved of her disengagement and engagement of Shaheen Akhter filed SWP No. 2593/2010 before this Court wherein on 09.11.2010, this Court upon considering the said petition stayed the operation of the orders dated 06.10.2010 and 25.10.2010. - Zamruda Akhter aggrieved of her disengagement and engagement of Shaheen Akhter filed SWP No. 2593/2010 before this Court wherein on 09.11.2010, this Court upon considering the said petition stayed the operation of the orders dated 06.10.2010 and 25.10.2010. - The aforesaid writ petition came to be disposed of by this Court on 13.12.2013 directing the Deputy Commissioner, Poonch to conduct a detailed enquiry with regard to the residence status of the petitioner (Zamruda Akhter) as it existed at the time of issuance of advertisement notice within a period of one month from the date of receipt of copy of the order associating both the petitioner as well as the private respondent 4 (Shaheen Akhter) in the said enquiry and affording them an opportunity to present their case and to take a decision with regard to the validity or otherwise of the appointment of the petitioner (Zamruda Akhter) on the basis of the result of the enquiry. - The Deputy Commissioner, Poonch in compliance to the aforesaid order passed by this Court, conducted an enquiry and upon completion of the same issued order dated 15.07.2014 holding that the Zamruda Akhter is not the resident of Ward No. 1, Mohalla Bus Stand, Chandimarh but a resident of Ward No. 10, Mohalla Phallian Chandimarh and Shaheen Akhter is the resident of Ward No. 1 Mohalla, Bus Stand, Chandimarh and on the basis of the said enquiry report, consequently directed the CDPO to pass engagement order in favour of Shaheen Akhter. - After conclusion of the aforesaid enquiry by the Deputy Commissioner, Poonch dated 15.07.2014, CDPO Buffliaz issued an order bearing ICDS/B/152-54/14 dated 17.07.2014 thereunder engaged Shaheen Akhter as Anganwari worker in question. 3. Zamruda Akhter aggrieved of the enquiry report of the Deputy Commissioner, Poonch has preferred SWP No. 2223/2014 supra calling in question the enquiry report inter alia on the grounds that the enquiry came to be conducted by the Deputy Commissioner, Poonch with pre-determined mind without considering the entire revenue record pertaining to the status of the petitioner as also the fact that the selection for the Centre have had to be undertaken on Panchayat basis and not on Ward basis as the Anganwari Centre in question had been established at Panchayat Chandimarh and further that the Deputy Commissioner, Poonch did not afford an adequate opportunity to her while conducting the said enquiry impleading Shaheen Akhter as respondent 4 therein. 4. During the working of Shaheen Akhter, as such, CDPO (HQ) State Mission Directorate, ICDS, J&K addressed a communication to the District Programme Officer, ICDS Poonch bearing No. SMD/ICDS/2018/71/24939 dated 18.12.2018 providing therein that case is hanging without any reason and the matter was enquired and the case was found to be genuine, as such, directed the revocation of the previous order and adjustment of Zamruda Begum. 5. Shaheen Akhter feeling aggrieved of the communication dated 18.12.2018 supra taking it to be her disengagement and the engagement of the Zamruda Akhter preferred SWP No. 413/2019 supra impleading Zamruda Akhter as the private respondent 7 therein. The said communication dated 18.12.2018 is being challenged by Shaheen Akhter inter alia on the grounds that Zamruda Akhter is a resident of Ward No. 10 whereas she is a resident of Ward No. 01 where the Anganwari Centre was established and was, therefore, rightly engaged in the said Centre and that the recommendation made in terms of the impugned communication dated 18.12.2018 for her disengagement and engagement of Zamruda Akhter has been made without following principles of natural justice. 6. The official respondents in both the petitions have filed their reply. In the reply filed to the petition of Zamruda Akhter it is being inter alia stated that the Deputy Commissioner, Poonch conducted the enquiry in the matter in terms of the order passed by this Court in SWP No. 2593/2010 dated 13.12.2013 during which enquiry, Zamruda Akhter was afforded an opportunity to present her case along with Shaheen Akhter wherein the said enquiry, Zamrudha Akhter was found to be a resident of Ward No. 10 Mohalla, Phallian and Shaheen Akhter, resident of Ward No. 1 where the Anganwari Centre is sanctioned/located and on the basis of the said enquiry, the service of Zamruda Akhter was disengaged and Shaheen Akhter got engaged. 7. 7. In the reply filed to the petition by Shaheen Akhter, it is being stated by the official respondents that the communication dated 18.12.2018 challenged by Shaheen Akhter was not implemented and no order thereto came to be issued, reiterating the fact that the advertisement notice came to be issued for engagement of Anganwari workers in different Anganwari Centres including Anganwari Centre Mohalla, Bus Stand, Chandimarh Ward No. 1 Panchayat Halqa, Chandimarh in response to which advertisement notice, Shaheen Akhter as well as Zamruda Akhter applied whereafter Zamruda Akhter was selected and engaged and subsequently the case was re-examined whereafter pursuant to the judgment passed by this Court dated 13.12.2013 passed in SWP No. 2593/2010 filed by Zamruda Akhter, the Deputy Commissioner, Poonch conducted a detailed enquiry regarding the residential status of the said Zamruda Akhter and found that the Zamruda Akhter is not a resident of the Ward and, as such, not eligible for engagement as Anganwari worker whereafter Shaheen Akhter came to be engaged in terms of the order dated 17.07.2014, whereupon she joined on the same day. Heard learned counsel for the parties and perused the record. 8. The issue involved in the petitions supra though seemingly complicated and complex, yet stands simplified by the official respondent-CDPO Buffliaz while addressing communication No. ICDS/B/34-35/15 dated 13.06.2015 being an information furnished under RTI Act, 2009 wherein it had been inter alia provided as under: “1. The selection of AWWs vide advertisement No. DSW/J/ICDS/Adv./05/2005 dated 17.02.2005 was made on Panchayat basis in rural area and on ward basis in town or cities. A photo copy of Advertisement No mentioned above is enclosed as Annexure A1 & A2. 2. All the selections of AWWs were made on the basis of criteria given in advertisement no mentioned above in 2005. 3. In reply to the advertisement No. DSWJ/ICDS/Adv./05/2005 dated 17.02.2005 total 21 (twenty one) candidates applied for four AWCs of Village Chandimarh namely Loharan, Mohalla Bastaant, Mohalla Kala Hari and Mohalla Charak. 4. The photo copy of merit list of the candidates who applied for four AWCs of village Chandimarh available in the office record is enclosed as Annexure B1, B2, B3 & B4. 5. The detail of candidates who were selected as AWWs against AWCs of village Chandimarh as per record is as under:- S. No. Name of AWC Name of Candidate who was selected as AWW 1. 5. The detail of candidates who were selected as AWWs against AWCs of village Chandimarh as per record is as under:- S. No. Name of AWC Name of Candidate who was selected as AWW 1. Mohalla Bus stand Zamruda Begum 2. Mohalla Loharan Yasmeen Akhter 3. Mohalla Kala Hari Khalida Begum 4. Mohalla Charak Nahied Akhter 6. Mrs. Zamruda Begum was selected initially against SWC Bus stand but one Miss Shahien Akhter D/o Ab Qader challenged her selection and on 06.10.2010 the then Director Social Welfare Jammu after conducting inquiry cancelled the selection of Zamruda Begum and engaged Shahien Akhter against same AWC. 7. Miss Shahien Akhter was engaged as AWW against AWC Mohalla Bus stand by the then Director Social Welfare Jammu after disengaging Zamruda Begum vide No. DSWJ/ICDS/10229-31/2010 dated 06.10.2010 copy enclosed as Annexure C1 and C2. 8. The order No. 3/8/6605-07/ICDS of 2005 dated 06.07.2005 is not issued by this office as per available record and this office has no concern with order no mentioned above. 9. The engagement order of Shahien Akhter bearing No. 3/8/6605-07/ICDS of 2005 dated 06-07-2005 is not genuine and is not issued by this officer as per record. 10. The engagement of Miss Shahien Akhter was made by the then Director Social Welfare Jammu after conducting inquiry vide No. DSWJ/ICDS/10229-31 dated 6.10.2010. 11. The engagement order of Miss Shahien Akhter was issued on 06.10.2010 by the then Director Social Welfare Jammu after disengaging Mrs Zamruda Begum. The order dated 06.10.2010 is enclosed as Annexure C1 and 2 and Programme Officer Order No. DPO/ICDS/P/738-39/10 dated 8.10.2010 is enclosed as Annexure-D. 11. As mentioned above the order No. 3/8/6605-07/ICDS of 2005 dated 06.07.2005 in favour of Miss Shahien Akhter is not issued by this office. She was engaged by the then Director Social Welfare Jammu on 06.10.2010 vide No quoted above. 9. As is evident from the aforesaid factual information furnished by CDPO Buffliaz to the District Programme Officer, Poonch, the selection of the Anganwari Worker pursuant to the advertisement notice dated 17.02.2005 had to be made on Panchayat basis in rural areas and on ward basis in town or cities. 10. 9. As is evident from the aforesaid factual information furnished by CDPO Buffliaz to the District Programme Officer, Poonch, the selection of the Anganwari Worker pursuant to the advertisement notice dated 17.02.2005 had to be made on Panchayat basis in rural areas and on ward basis in town or cities. 10. Perusal of the history sheet of selection of the Anganwari Workers undertaken by the respondents for Anganwari Centre, Mohalla Loharian plus Bus Stand reveals that the same have had been made on Panchayat Basis for the Panchayat Chandimarh wherein Zamruda Akhter figures at serial No. 16 and Shaheen Akhter did not figure in the said list. The said position even stands authenticated and endorsed by the proposed select list drawn thereafter by the respondents on 09.01.2006 wherein Zamruda Akhter figures at serial No. 8 and Shaheen Akhter does not figure in the said list rightly again having resulted into engagement of Zamruda Akhter as Anganwari Worker for the Anganwari Centre Mohalla Bus Stand Chandimarh in terms of order dated 08.02.2006. The said selection and engagement of the Zamruda Akhter thus, have had been made validly, rightly and lawfully and ought not to have been disturbed, cancelled or terminated by the official respondents by substituting her engagement by engagement of Shaheen Akher. 11. The official respondents admittedly have proceeded wrongly in the matter while holding the selection and engagement to have been made by Zamruda Akhter on ward basis though having been made actually and rightly on Panchayat Halqa basis. 12. In presence of the aforesaid undisputed factual position, the order passed by this court in the earlier round of litigation inter se the parties dated 13.12.2013 whereupon the respondent 3 herein-Deputy Commissioner, Poonch conducted an enquiry thereof and passed impugned order dated 15.07.2014 pales into insignificance so also the engagement of Shaheen Akhter having been made by the official respondents as Anganwari Worker against the post/position held by Zamruda Akhter notwithstanding no challenge thrown to the said engagement of Shaheen Akhter by the Zamruda Akhter, as otherwise also, Zamruda Akhter have had been found to be possessed of more merit than Shaheen Akhter by the official respondents reflected in the selection record. 13. 13. Viewed thus, what has been observed, considered and analyzed hereinabove, the petition-SWP No. 2223/2014 is allowed and consequently the petitioner-Zamruda Akhter in SWP No. 2223/2014 is held to have been validly and lawfully selected and engaged as Anganwari Worker for Anganwari Center Mohalla Bus Stand, Village Chandimarh, Tehsil Surankote, District Poonch and the engagement of Shaheen Akhter-the petitioner in SWP No. 413/2019 is held to be void ab initio. As a consequence of above, the official respondents are directed to allow Zamruda Akhter to hold and continue as Anganwari Worker for Anganwari Center Mohalla Bus Stand, Village Chandimarh, Tehsil Surankote, District Poonch and to extend her all benefits to which she is entitled to except pay for the period she has not worked as such. The impugned enquiry report dated 15.07.2014 drawn and drafted by the respondent 3-Deputy Commissioner, Poonch in view of above shall be deemed to have been quashed along with all consequential actions taken thereto. 14. Writ petition-SWP No. 2223/2014 shall stand disposed of, accordingly, along with connected applications. SWP No. 413/2019 In view of the aforesaid decision rendered in SWP No. 2223/2014 (supra), the instant petition filed by Shaheen Akhter shall stand dismissed along with connected applications. 15. A copy of this judgment shall be placed in both the petitions.