ZARINA BANOO Vs. STATE OF J AND K
LAWS(J&K)-2006-12-12
HIGH COURT OF JAMMU AND KASHMIR
Decided on December 04,2006

Zarina Banoo Appellant
VERSUS
STATE OF J AND K Respondents

JUDGEMENT

MANSOOR AHMAD MIR, J. - (1.) PETITIONER -Anganwadi Worker came to be directed to take over the charge from one Suit. Anchalla Razdhan and work as Supervisor on honorarium in terms of order No. CDPO/S/84/352 -53 dated 04.06.1984 -an -nexure A, but salary attached to the said post was not released and disbursed to her. Advertisement notice No. 12 of 1986 dated 24.12.1986 came to issued for selection/ appointment of Supervisors and she also applied within the stipulated period despite of the fact that at that point of time Recruitment Rules were not framed. During the course of selection process a letter No. SWKA/Estt -87/2512 dated 30.11.1987 came to be addressed by respondent No. 3 to Chairman SSRB in terms whereof recommendation was made for appointing petitioner and two other Anganwadi Workers as Supervisors on adhoc basis till selection. SSRB conveyed approval to respondent No. 3 vide letter No. SSB/979 -80/87 dated 18.12.1987 and accordingly petitioner and other two Anganwadi Workers came lo be appointed as Supervisors for a period of three months or till selection whichever earlier annexure PE. Services of petitioner came to be regularized as Supervisor in the Social Welfare Department vide order No. 301 -SW of 1989 dated 11th December, 1989 w.e.f. 11th September, 1989. Tentative seniority list came to be issued on 16th February, 1990 and she came to know about it in the year 1996 when respondents initiated the process of promotion of Supervisors to next higher grade Chief Development Project Officers/Assistant Chief Development Project Officers.
(2.) IN nutshell the grievance of the petitioner is as under: That respondents were under legal obligation to regularize the services of petitioner as Works Supervisor with effect from 04.06.1984 in terms of annexure -PA and her seniority was to be fixed at sr. No. 16 instead of sr.No. 68 and respondents had to consider her for promotion to the post of Chief Development Project Officer/ Assistant Chief/Development Project Officer. Respondents have not filed reply and the averments contained in the writ petition have remained un -rebutted. The crucial points involved in this writ petition are as under: (i) Whether the service of the petitioner as Supervisor was to he regularized with effect from 4th June, 1984? (ii) Whether she was to be placed at Sr.No. 16 instead of Sr.No. 68 in the seniority list? (iii) Whether respondents could he directed to consider the petitioner for promotion to the post of Chief Development Project Officer/Assistant Chief Development Project Officer?
(3.) IT is profitable to reproduce order No. 301 -SW of 1989 dated 11.12.1989 herein, which reads as under: In continuation to Govt. order No: SW -284 of 1989 dated: 10.11.1989 issued under endorsement no: SW/Estt -225/89 dt: 15.11.1989 sanction is accorded to the regnlarization of the adhoc appointments made from time to time till 29.12.1988 as indicated in the Annexure to this order with effect from 11.9.1989 subject to the fulfillment of all other pre -requisites of eligibility. The regular appointees will remain on probation for a period of one year with effect from 11.9.1989. The inter -se seniority of the appointees will be decided separately. By order of the Government of Jammu & Kashmir.;


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