Nishada Begum vs Union Territory Of J&K And Others

Ali Mohammad Magrey, J

CM No. 3732/2020;

The instant application has been filed by the applicant, seeking extension of time for affixing the stamp papers and the requisite court fee with the writ petition.

On the set of facts and the grounds urged, coupled with submission made, the instant application is allowed and the applicant is permitted to file the writ petition without enclosing therewith the requisite Stamp Paper, Court fee, etc. It is, however, directed that the said deficiency shall be immediately made good by the applicant/petitioner, as and when the prevailing lockdown period, announced by the Government on account of outbreak of COVID-19 Pandemic, comes to an end and the Courts start functioning in the normal manner. CM accordingly disposed of.

WP (C) No. 1390/2020; CM No. 3733/2020;

The subject matter of the writ petition has reference to the appointment of the petitioner as Anganwadi Worker, therefore, in view of the order passed by this Court in writ petition bearing WP (C) No. 2533/2011 titled Fareeda Akhter vs State J&K & Ors, the writ petition being maintainable before this Court, is taken up for consideration.

The petitioner is aggrieved of order bearing No. CDPO/teet/Estt/20/107-10 dated 9th of September, 2020 in terms whereof, Child Development Project Officer, Teetwal, with reference to the resolution submitted by the general public of Chanipora, has directed the petitioner to exchange her place posting with Mtr Nishada Begum, with immediate effect, on the grounds detailed out in the writ petition with particular reference that there is no resolution passed by the general public of village Chanipora and there is no request made by the petitioner. The petitioner has placed on record the resolution of the villagers but has denied passing of the same. Learned counsel for the petitioner further submits that the petitioner has submitted a representation before the Child Development Project Officer, Teetwal, but of no avail.

Heard learned counsel for the petitioner and considered the submissions made and perused the record available on file.

The grievance of the petitioner can be settled by the higher authorities with reference to the application of policy and rules governing the subject, in the event Child Development Project Officer, Teetwal, is not listing to the requests of the petitioner.

In the above background, this writ petition is disposed of with liberty to the petitioner to approach District Programme Officer, ICDS, Kupwara, with a representation during the course of the week, who shall consider and decide the same by 25th of September, 2020. Till 25th of September, 2020, status quo as it exists today, shall be maintained.

Writ petition alongwith connected CM(s) disposed of as above.