MEHMOODA KOUSER v. STATE TH. SOCIAL WELF. DEPTT. AND ORS.
SWP/1667/2015 · 2025-02-13
Moksha Khajuria Kazmi
body2025
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[ 2025 DAILYLAW 2160 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 2160 (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. 1667/2015
Mehmooda Kouser ..... appellant(s)
Through :- Mr. Mohsin Bhatt Advocate
V/s
.....Respondent(s) State and ors Through :- Ms Pallavi Sharma Advocate vice Mr. Ravinder Gupta AAG.
Coram: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 1
Mr. Mohsin Bhatt, learned counsel for the petitioner, relying upon a judgment of this Court dated 23.05.2018 passed in SWP No. 1222/2015 and other connected matters titled ‘Sunita Kumari and others vs. State and others, submits that the claim of the petitioner is squarely covered by the aforesaid
judgment, which has been upheld by the Division Bench of this Court vide
order dated 01.09.2023. The operative portion of the judgment of the Writ Court is extracted hereunder:
"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.l3-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 ofthem 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
Sr. No. 40
2
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 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.”
2.
Learned counsel for the petitioner submits that the petitioner would feel satisfied, if the instant writ petition is disposed of in terms of
judgment dated 23.05.2018 (supra).
3.
Learned counsel appearing for the respondents submits that that she has no objection, if the instant writ petition is disposed of in terms of
judgment dated 23.05.2018 (supra).
4.
With the consent of learned counsel for the parties and keeping in view the facts and circumstances of the case, the instant writ petition is
disposed of with a direction to the respondents to consider the claim of the petitioner in terms of judgment dated 23.05.2018 passed in SWP No. 1222/2015 titled ‘Sunita Kumari and others vs. State and others, within a period of eight weeks from the date a certified copy of this order, along with complete set of writ petition, is made available to the respondents.
5.
Disposed of accordingly, along with connected applications.
(MOKSHA KHAJURIA KAZMI)
JUDGE Jammu 13.02.2025
Sanjeev