YASMEENA JAN Vs. STATE OF J&K

JUDGEMENT

(1.) The respondents issued an advertisement notice wherein applications were invited from eligible female candidates for engagement as Anganwadi Workers on honorarium basis for different Anganwadi Centres including Kirmani Mohalla Nowdal, Tral. The petitioner and respondent no. 7 amongst other candidates, in response to the advertisement notice filed the application form alongwith all certificates. After satisfied with the eligibility and merit of the petitioner, she came to be engaged Anganwadi Worker for Anganwadi Centre Kirmani Mohalla, vide Order No. CDPO 148 of 2009 dtd. 15/1/2009 by the respondents/competent authority.

(2.) The private respondent no. 7 Mahmooda Akhtar challenged the selection/engagement of the petitioner before this court through writ petition bearing SWP No. 13/2009 on the ground that she was more meritorious than petitioner and is resident of Kirmani Mohalla PL 284-B. The petition came to be disposed of by this Court on 11/8/2011 with a direction to Dy. Commissioner, Pulwama to enquire into the matter and make recommendations to District Programme Officer ICDS, Pulwama for further action.

(3.) In compliance to the directions passed by this court in SWP No. 13/2009 on 11/8/2011, Dy. Commissioner, Pulwama conducted enquiry and vide his report dtd. 9/5/2012 held that respondent no. 7 was also local resident of Kirmani Mohalla, in view of her marriage on 27/4/2008. As a result of this finding, respondent no. 7 admittedly being more meritorious than petitioner was engaged in place of petitioner as Anganwadi worker for Kirmani Mohalla Anganwadi Centre vide Order No. CDPO/T/012/103-06 dtd. 18/5/2012, after cancellation of the appointment of petitioner.