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High Court of Jammu and Kashmir · body

2015 DAILYLAW 868 (JK)

REENA BHATTI AND ORS. v. STATE TH.SOCIAL WELFARE DEPTT.AND ORS.

SWP/3281/2015 · 2026-08-07

Sindhu Sharma

body2015

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU SWP No. 3281/2015 c/w SWP No. 3292/2015 SWP No. 3346/2015 Reena Bhatti and others …. Petitioner/Appellant(s) Through:- Mr. M.Y. Akhoon, Advocate V/s State of J&K and others …..Respondent(s) Through:- Mr. Meharban Singh, AAG CORAM: HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDER 07.08.2026 1. The prayer in these petitions is for quashing Order No. 13-SMD of 2015 dated 22.04.2015, issued by the State Mission Director, ICDS, which has effect of disengagement/termination of the service of the petitioners as Anganwadi Helpers, engaged and discharging their duties in various Anganwari Centres in District Samba/Poonch/Kishtwar for the last couple of years. A further direction is also sought commanding the respondents to allow the petitioners to discharge their duties as Anganwadi Helpers, having been engaged on ad-hoc basis and also to regularize their services. 2. The contention of the petitioners is that they were engaged as Anganwadi Helpers on ad hoc basis and have been working on such post for the last several years and discharging their duties to the satisfaction of the authorities. They are aggrieved of the order dated 22.04.2015, which has the effect of termination of their services. 3. It is further submitted that this issue has already been settled by this Court in a batch of petitions in SWP No. 1222/2015 and connected S. No. 103 SWP No. 3281/2015 petitions, titled “Sunita Kumari and others Vs. State of J&K and others”, which was decided by this Court vide order dated 23.05.2018. This Court, while deciding these petitions, had observed as under: 48. Therefore, based on foregoing discourse and reasons, I deem it proper to allow all the writ petitions on hand. Accordingly, the same are allowed and Order No.13-SMD of 2015 dated 22.04.2015 issued by Mission Director, ICDS, J&K, qua the petitioners, is quashed. Respondents are directed to extend the benefit of SRO 520 of 2017 dated 21.12.2017 notifying the Jammu & Kashmir Casual and Other Workers – Regular Engagement Rules, 2017, or for that matter any other Scheme, in favour of petitioners and consider them for regularization of their services against the positions of Anganwadi Workers/Helpers in terms of the eligibility conditions as contained in Rule 4 of Rules of 2017, thereby giving them the effect of regularization from the date each one of them has completed ten years of service as Anganwadi Worker/Helper. While considering the case of petitioners herein for regularization of their services, the respondents would also take into consideration the policy decision taken by them in the minutes of the meeting held on 27.08.2010 under the chairpersonship of the then Minister for Social Welfare Department, for regularizing the services of those Anganwadi Workers who have attained minimum period of three 2018:JKLHC-JMU:570 SWP 1222/2005 a/w connected matters Page 46 of 46 years. In the event, if it is found that some of the petitioners do not fulfill the required norms for regularization as on 17.03.2015 in terms of the eligibility conditions of Rules of 2017, in such event they shall be permitted to work as Anganwadi Workers/Helpers till regular selection is made. Respondents are further directed to forthwith release the unpaid wages in favour of petitioners, if not already released. Let the directions be complied with, within a period of eight weeks from today and a compliance report to this effect be filed before the Registry of this Court. Connected miscellaneous petitions, accordingly, stand disposed of. 4. Since the controversy involved in all these petitions is squarely covered by the aforesaid judgment rendered in Sunita Kumari’s case (supra) and the issue raised by the petitioners stands already considered and decided by this Court in the aforesaid batch of petitions, therefore, all the petitioners are also entitled to the benefit of the said judgment. 5. Accordingly, the present petitions are disposed of in terms of the judgment dated 23.05.2018 passed in SWP No. 1222/2015 titled “Sunita Kumari and others Vs. State of J&K and others” and the connected SWP No. 3281/2015 matters. The respondents shall proceed in the matter in accordance with the aforesaid judgment. 6. The petitions are disposed of in the manner indicated hereinabove. (Sindhu Sharma) Judge Jammu: 07.08.2026 Shafqat