Tribunals and CommissionsSingle Bench(2025) 04 CAT CK 0375

Zubaida Shubnum vs UT Of J&K Through Commissioner Secretary To Government, Social Welfare Department, Civil Secretariat, Srinagar/Jammu, 190001 & Ors.

Central Administrative Tribunal, Srinagar Bench, Srinagar · Decided on 15 April 2025

HON’BLE JUDGES
M.S. Latif, Member (J)
RESULT
Disposed Of
CASE NUMBER
Original Application 320 Of 2025

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Judgment

7 paragraphs · 420 words

M.S. Latif, Member (J)

01/ Learned counsel for the applicant submits that the applicant has read up to class 12th and her mother, namely Mst. Muneera Begum is working as Anganwadi Worker in Anganwadi Centre Bewoora, Bijbehara, District Anantnag from the year 1987. It is averred in the petition that since the mother of the petitioner is not in a position to perform her duties because of her old age and because of her inability to use internet, as such, the petitioner was allowed to work as Anganwari Worker since the year 2018 and her performance remained quite satisfactory till date. It is further stated that the petitioner has forwarded an application, in this regard, which is duly endorsed by the OSD to the Hon’ble Minister for Social Welfare.

02/ Be that as it may, employment being a national wealth, in which every eligible candidate has a right of consideration and nobody has a right to monopolize it. Whenever a post becomes available, it is to be thrown open by way of advertisement for making proper selection from amongst the best candidates and the process of recruitment of selection by way of advertisement is a recognized mode of selection/appointment, which is universally accepted.

03/ However, after arguing for a while, learned counsel for the applicant fairly submitted that it will be suffice if a direction is issued to the respondents to consider and dispose of the representation already filed by the applicant dated 14-12-2024 sympathetically on humanitarian grounds specifically taking into consideration the health condition of her mother. Ordinarily, the respondents, being the first responders, ought to have considered the representation of the applicant. It goes without saying that their inaction in the matter has compelled the applicant to knock the doors of this court.

04/ Heard learned counsel for the parties.

05/ In the aforementioned backdrop, without commenting upon the main merits of the case, it is provided that in view of the limited prayer made by learned counsel for the applicant, respondents are directed to consider the representation of the applicant dated 14-12-2024 in accordance with law. Respondents are further directed to take into consideration the pleas raised in this O.A as well by treating the same as part of representation. Respondents to do the needful within a period of two months to be reckoned from the date a copy of this order is served upon them by passing a reasoned and speaking order.

06/ With this, the OA 320/2025 shall stand disposed of along with connected M.A.