AFROOZA BEGUM v. UNION TERRITORY OF J AND K AND ORS. (SCHOOL EDUCATION DEPARTMENT)
WP(C)/1450/2021 · 2026-08-19
Shahzad Azeem
body2021
DailyLaw.ai
[ 2021 DAILYLAW 869 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2021 DAILYLAW 869 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 26 Regular Cause List
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
WP (C) No. 1450/2021
Afrooza Begum … Petitioner(s)
Through: - Mr N. A. Tabassum, Advocate.
V/s
Union Territory of J&K and Ors. … Respondent(s) Through: - Mr G. N. Sofi, Dy. AG.
CORAM:
HON’BLE MR JUSTICE SHAHZAD AZEEM, JUDGE.
(ORDER) 19.08.2026
01. The Petitioner came to be engaged purely on temporary basis as Cook-cum-Helper on the recommendations of the Chairman, Block Development Council, Langate made vide communication No. BDO/ BDC/384 dated 5th of October, 2020, however, the Petitioner, later on, was elected as Ward Member of Ward No. 2 of Village Khanoo, Babagund, therefore, vide impugned Order dated 28th of June, 2021, the Petitioner was disengaged on the said ground.
02. The Petitioner has, through the medium of the present Petition, thrown challenge to the impugned Order of disengagement on various grounds. Besides, the Petitioner is also seeking a direction upon the Respondents for release of honorarium for the period she has actually worked with the Respondents.
03.
The Respondents have filed Objections, opposing the Petition on the ground that the Petitioner was elected as a Ward Member, while she was performing duties with the Respondents on temporary basis and, therefore, she has no right to continue against the said post.
04.
Admittedly, the Petitioner was engaged purely on temporary basis on the recommendations of the concerned Council. She was not
holding any post nor did she have any lien against any post, therefore, no right of the Petitioner under Articles 14 and 16 has been violated with the passing of the impugned Order, warranting any interference by this Court.
05.
Confronted with the aforesaid circumstances, learned Counsel for the Petitioner submits that the Petitioner shall feel satisfied in case the present Writ Petition is disposed of by directing the Respondents to consider the case of the Petitioner for her engagement as Cook-cum-Helper in case they require her services purely on humanitarian grounds, with further direction to the Respondents to release her duly earned wages/ honorarium.
06. In view of above, the instant Writ Petition is disposed of with a direction to the Respondents to consider the claim of the Petitioner for her engagement as Cook-cum-Helper, in case they require her services purely on humanitarian grounds. The Respondents shall also release the duly earned wages/honorarium of the Petitioner for the period she has actually worked with the Respondents. Let the aforesaid exercise be completed expeditiously, preferably within a period of eight weeks from the date of receipt of certified copy of this Order.
07.
Disposed of, along with the connected CM.
(SHAHZAD AZEEM)
JUDGE SRINAGAR August 19th, 2026
“TAHIR”
Tahir Manzoor Bhat I attest to the accuracy and authenticity of this document