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Judgment
Mohammad Yaqoob Mir, J.—Irresponsible approach of then Programme Officer ICDS, Pulwama has entangled the petitioners into
prolonged litigation; they have suffered for no fault.
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.
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.
The petitioner filed the instant petition, praying therein that the respondents may be commanded to release the honourarium in their favour with
effect from 10.11.1997 and also allot them Anganwadi Centres and to fix their seniority with effect from 10.11.1997 alongwith their batch mates.
Further to consider them for further promotions.
Both the two writ petitions came for consideration together on 07.12.2005. Learned Dy. Advocate General had stated that the department is
prepared to offer the employment to both the petitioners of the two petitions prospectively provided petitioners withdraw their respective petitions.
The respondents No. 4 and 5 (the petitioners of SWP bearing No. 1532/2002) accepted the offer so their petition was disposed of in terms of
communication as was produced in support of the submission by the Dy. AG bearing No. POP/ICDS/2005/2279-80 dated 30.11.2005
addressed by Programme Officer, ICDS Pulwama.
The petitioners herein refused to accept as they claim their position of having been selected and appointed in the year 1997. The petitioners have
been made to suffer for no fault but for the fault attributable to the respondents, more particularly by the then Programme Officer, Pulwama who
without any justification had engaged respondents 3 & 4 as Anganwadi Workers when they never figured in the selection list. The typographical
error in the parentage of the Petitioner No. 1 and in the name of the Petitioner No. 2 was committed by official respondents regarding which
corrigendum has been issued but for the reasons best known to the Programme Office, private respondents 3 & 4 were engaged without any
basis.
The position of the private respondents, petitioners in SWP No. 1532/2002 is no more required to be looked into as their position and then
acceptance of offer of employment has become effective from the date of the order i.e. 07.12.2005 whereunder their writ petition has been
disposed of in terms of the communication above referred.
Now moot question for consideration is as to what is the position of the petitioners, admittedly they figured in the selection list, they claim to
have joined on 10.11.1997 which fact is also supported by the communication bearing No. DSW/ICDS-11601/98 dated 07.08.1998, addressed
by Director, Social Welfare to Programme Officer, ICDS Project, Pulwama. It is also admitted that after joining they have not worked in any
Anganwadi Centre. It is also admitted that petitioners after their selection were deputed for 15 days Orientation Training Course of Anganwadi
Workers from 17.11.1997 to 02.12.1997 at ICDS Project, Pulwama and were also awarded certificate like other selected candidates as is
specifically reflected in the order No. POP/ICDS/60 dated 15.11.2002.
The petitioners after due selection and appointment have been deprived of working as Anganwadi Worker by the then Programme Officer
who had engaged the private respondents 3 & 4 as Anganwadi Workers in their place.
In the given circumstances, no fault is attributable to the petitioners, the petitioners are entitled to be placed in the seniority with effect from
10.11.1997 and their seniority shall stand according to the selection list and rules applicable with effect from the year 1997 alongwith their other
selected batch mates.
Since they have not worked effectively, therefore, honourarium shall not be paid to them by the respondents as that shall be unwarranted
burden on the State Exchequer but they are required to be compensated. They can not be made to suffer for unwarranted act of the then
Programme Officer who without any justification had engaged respondents 3 & 4 as Anganwadi Workers as ag