ANU RADHA v. STATE TH.SOCIAL WELFARE DEPTT.AND ORS.
SWP/2283/2015 · 2025-11-19
Javed Iqbal Wani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14247 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14247 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SWP No. 2283/2015
Anu Radha W/o Sh. Sanjeev Sharma R/o Indira Nagar, Ward No. 2 Tehsil and District Udhampur. Date of pronouncement: 19.11.2025 Date of uploading: 24.11.2025
…..Appellant(s)/Petitioner(s)
Through: Ms. Jyoti Sharma, Advocate
vs
1. State of J&K th. Commissioner/Secy. to Govt, Social Welfare Dept., J&K Govt., Civil Secretariat, Srinagar.
2. Director, Social Welfare, Jammu
3. Mission Director. State Mission Directorate, ICDS, J&K, Hajj House, 3rd Floor, Rail Head, Jammu.
4. Deputy Director ICDS, Jammu
5. District Programme Officer, ICDS Projects, District Udhampur.
6. Child Development Project Officer ICDS Project, District Udhampur. .…. Respondent(s)
Through: Ms. Monika Thakur, Advocate vice Mr. Ravinder Gupta, AAG
CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER (ORAL)
1. Upon coming up of the instant petition for consideration, learned counsel for the petitioner would submit that the controversy involved in the instant petition stands settled by the Division Bench in similar cases with lead case being LPA No. 140/2021 titled as “Union Territory of J&K through Social Welfare Department & Ors. Vs Shama Begum” upholding the common judgment dated 23.05.2018 passed in favour of the petitioners therein impugned in the said LPAs, Serial No. 53
2
SWP No. 2283/2015
wherein the controversy involved pertained to the termination of Anganwari Workers/Helpers ordered by Mission Director ICDS, J&K vide order dated 22.04.2015 after the said Anganwari Workers/Helpers have had been engaged in various Anganwari Centres of Jammu Division on different dates alleging that the engagements of the said Anganwari Workers/Helpers have had been made dehors the rules, therefore, being bad in law.
2. The petitioner herein also claims to be similarly situated with the petitioners therein the aforesaid cases and states to have been engaged as an Anganwari Worker in Anganwari Centre Patyari (Tikri), Block Udhampur in terms of order dated 23.09.2009 and after working for a considerable period of time, was sought to be disengaged pursuant to the order of the Mission Director ICDS, J&K dated 22.04.2015 [for short ‘the impugned order”], which could not have been done in law.
3. Objections to the instant petition have been filed by the respondents, wherein it is being, inter alia, stated that the petitioner came to be engaged dehors the rules governing and regulating the engagement of Anganwari Workers and Anganwari Helpers and that the order impugned came to be issued by Mission Director ICDS, J&K upon a thoughtful consideration as also in view of the fact that the engagement of Anganwari Workers and Helpers have had been made in various Anganwari Centres in Jammu Division in breach of the norms, guidelines and rules.
Heard counsel for the parties and perused the record.
3
SWP No. 2283/2015
4. Perusal of the record, available in the file, inasmuch as the Division Bench judgment (supra), a copy whereof came to be produced by the counsel for the petitioner, manifestly tends to show that the said
judgment is squarely applicable to the case of the petitioner herein.
5. Accordingly, the instant petition is allowed and the respondents are commanded to allow the petitioner to continue to perform her duties as an Anganwari Worker in Anganwari Centre Patyari (Tikri), Udhampur and also to pay her honorarium without any interruption. The case of the petitioner shall also be considered for all consequential benefits thereto in accordance with applicable rules, norms and guidelines, provided there is no legal impediment thereto.
6.
Disposed of.
(Javed Iqbal Wani)
Judge
Jammu 19.11.2025 Vishal Sharma
Whether the order is reportable: Yes/No
Whether the order is speaking: Yes/No