- (1.)IRRESPONSIBLE approach of then Programme Officer ICDS, Pulwama has entangled the petitioners into prolonged litigation; they have suffered for no fault.
(2.)THE admitted position of the case is that ICDS projects which include ICDS, Pulwama were sanctioned vide Government Order No. 129 -SW of 1996 dated 14.12.1996. Seventy -nine honorary posts of Anganwadi Workers (AWW) were created for ICDS, Project Pulwama. Committee had been constituted for selection of the posts. The honorary posts of AWW were put to advertisement; finally selection list was prepared wherein petitioners respectively figured at Serial No. 14 and 2 as is clear from the copy of the select list. The said list was approved. The Programme Officer, ICDS, Pulwama was directed by the Chairman, Selection Committee that the necessary orders shall be issued in favour of the candidates to be engaged on the monthly honorarium of Rs. 800/ - in case of matriculates and above and Rs. 700/ - in case of non -matriculates, as is clear from the Communication no. ICDS/Bud/PO/97/1745 -46 dated 24.10.1997 consequent thereof orders in favour of the petitioners bearing Nos. POP/ICDS/Estt -97/1059 -61 and POP/ICDS/Estt -97/1019 -22 dated 01.11.1997 were issued. Later on, what transpired is that there was discrepancy in the parentage of Petitioner No.1 and in the name of Petitioner No. 2, Programme Officer concerned seem to have taken up the matter, as a result thereof Director, Social Welfare has vide communication no. DSW/ICDS -11601/98 dated 07.08.1998 asked the Programme Officer that the petitioners were allowed to work for more than six months but were not paid honourarium due to the error in the parentage and name of the petitioners regarding which corrigendum reportedly had been issued.
(3.)IN the process what has happened is that the Programme Officer dehors all the rules and regulations has ventured to engage respondents no. 4 and 5 as Anganwadi Workers when they were neither in the selection list nor were shown to have participated in the selection process. Petitioners feeling helplessness filed the writ petition bearing SWP No. 715/1998 pursuant to order dated 02.05.1998 passed therein petitioners were allowed to continue as Anganwadi Workers but the honourarium was not released in their favour. They filed contempt petition No.419/1999 consequent thereof Programme Officer, ICDS, Pulwama responding to the letter of Director, Social Welfare bearing No. DSW/16748 -49/02 dated 05.09.2002 issued the order bearing No. POP/ICDS/60 of 2002 dated 15.11.2002 wherein entire position of the selection and also the engagement of private respondents have been noticed. Their engagements have been discontinued and CDPO has been asked to allow the petitioners to perform their duties in their respective Centers.
The private respondents immediately filed a separate petition bearing SWP No.1532/2002 and pursuant to interim order dated 12.12.2002 passed by this court, they were allowed to continue.